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New Akot Cotton Ginning & Pressing Co. Ltd & Others v/s Shyam Haribhau Sapkal & Others


Company & Directors' Information:- THE COTTON CORPORATION OF INDIA LIMITED [Active] CIN = U51490MH1970GOI014733

Company & Directors' Information:- J. K. COTTON LIMITED [Active] CIN = U17111UP1924PLC000275

Company & Directors' Information:- J M COTTON GINNING AND PRESSING COMPANY PRIVATE LIMITED [Active] CIN = U99999MH1955PTC009631

Company & Directors' Information:- SHYAM CORPORATION PRIVATE LIMITED [Active] CIN = U17120GJ2010PTC060509

Company & Directors' Information:- P D COTTON PRIVATE LIMITED [Active] CIN = U52321GJ2007PTC051857

Company & Directors' Information:- K V COTTON GINNING AND PRESSING COMPANY PRIVATE LIMITED [Active] CIN = U14050MH1948PTC006521

Company & Directors' Information:- R. I. COTTON PRIVATE LIMITED [Active] CIN = U17120GJ2010PTC061139

Company & Directors' Information:- SHYAM COTTON PRIVATE LIMITED [Active] CIN = U17291GJ2014PTC079261

Company & Directors' Information:- D D COTTON PRIVATE LIMITED [Active] CIN = U17120MH1994PTC156054

Company & Directors' Information:- P. I. COTTON PRIVATE LIMITED [Active] CIN = U17120GJ2007PTC050747

Company & Directors' Information:- B V COTTON PRIVATE LIMITED [Active] CIN = U17111GJ2004PTC044704

Company & Directors' Information:- S K COTTON PRIVATE LIMITED [Active] CIN = U17110GJ2006PTC047511

Company & Directors' Information:- S R COTTON PRIVATE LIMITED [Active] CIN = U17120KA2013PTC071881

Company & Directors' Information:- SHYAM GINNING AND PRESSING PRIVATE LIMITED [Active] CIN = U17119GJ1996PTC030847

Company & Directors' Information:- S D S COTTON PVT LTD [Active] CIN = U17115PB1991PTC011007

Company & Directors' Information:- P A COTTON PVT LTD [Active] CIN = U74999WB1992PTC055525

Company & Directors' Information:- D D COTTON PRIVATE LIMITED [Not available for efiling] CIN = U17115PB1994PTC014981

Company & Directors' Information:- THE NEW AKOT COTTON GINNING AND PRESSING COMPANY LIMITED [Active] CIN = U10405MH1903PLC010247

Company & Directors' Information:- S S GINNING AND PRESSING PRIVATE LIMITED [Active] CIN = U18101MH1998PTC115628

Company & Directors' Information:- K S COTTON PRIVATE LIMITED [Active] CIN = U17299WB2003PTC096994

Company & Directors' Information:- SHYAM & SHYAM (INDIA) PVT LTD [Active] CIN = U23101WB1983PTC036757

Company & Directors' Information:- D B GINNING PRIVATE LIMITED [Active] CIN = U17120GJ2012PTC071223

Company & Directors' Information:- B D COTTON PRIVATE LIMITED [Active] CIN = U51909GJ1978PTC003234

Company & Directors' Information:- G K COTTON PVT LTD [Active] CIN = U00309BR1982PTC001698

Company & Directors' Information:- R R COTTON PRIVATE LIMITED [Active] CIN = U17111DL1998PTC094459

Company & Directors' Information:- C R COTTON INDIA PRIVATE LIMITED [Active] CIN = U17299DL2006PTC145903

Company & Directors' Information:- SHYAM G LTD [Strike Off] CIN = U36911RJ1984PLC002921

Company & Directors' Information:- SHYAM COMPANY LIMITED [Strike Off] CIN = U17111UP1946PLC001423

Company & Directors' Information:- V. T GINNING AND PRESSING PVT. LTD [Strike Off] CIN = U01405GJ2006FLC048936

Company & Directors' Information:- NEW INDIA COTTON COMPANY LIMITED [Dissolved] CIN = U99999MH1954PLC009217

    Company Appeal (AT) No. 342 of 2018

    Decided On, 30 January 2019

    At, National Company Law Appellate Tribunal

    By, THE HONOURABLE MR. JUSTICE S.J. MUKHOPADHAYA
    By, CHAIRPERSON & THE HONOURABLE MR. JUSTICE BANSI LAL BHAT
    By, JUDICIAL MEMBER

    For the Appellants: Mr. Hrishikesh Chitaley, K.V. Balakrishnan, S.M. Sundaram & Vijay Kari Singh, Advocates. For the Respondents: R1, Aayush Aggarwal, R2, Abhishek Aggarwal, R1 to R61, Ashutosh Gupta, R62, Anand Mishra, Advocate.



Judgment Text


Justice S.J. Mukhopadhaya, Chairperson

1. Shri Shyam Haribhau Sapkal and 60 others-respondents (hereinafter referred to as petitioners) filed a petition under Sections 397, 398, 399, 402, 403 and 406 of the Companies Act, 1956 alleging oppression and mismanagement against The New Akot Cotton Ginning & Pressing Company Ltd. and 6 others- appellants (hereinafter referred to as respondents). The petition was filed on 23rd March, 2016 before erstwhile Company Law Board.

2. On constitution of National Company Law Tribunal, the matter was transferred to National Company Law Tribunal, Mumbai Bench, Mumbai (hereinafter referred to as ‘Tribunal’) whereinafter 10 Interlocutory Applications were moved by Kashinath Chingalal Lahariya and 9 others on 10th March, 2017 for their impleadment as party to the said petition.

3. The Tribunal taking into consideration the fact that the case is pending since 2016 and Interlocutory Applications were filed for impleadment after one year i.e., on 10th March, 2017 and that the Intervenors are necessary parties, refused to allow Intervention Applications. However, Advocate Mr. Rishi Sood, legal representatives of these applicants was appointed as amicus curiae in dispensation of the main petition by impugned order dated 20th July, 2018. The appellants-The New Akot Cotton Ginning & Pressing Company Ltd and others who were respondents before the Tribunal, have filed this appeal challenging engagement of Mr. Rishi Sood, Advocate legal representatives of the applicants as amicus curiae to assist the Tribunal.

4. Learned Counsel appearing on behalf of appellants submits that Mr. Rishi Sood, Advocate being legal representatives of the applicants and since applications were not entertained, should not have been engaged as amicus curiae. It is further submitted that Mr. Rishi Sood, Advocate, being lawyer from Delhi whereas a lawyer from Mumbai should have been appointed as amicus curiae.

5. However, such submission cannot be accepted as it is open to th

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e Court to appoint any lawyer or individual as amicus curiae for assistance of the Court/Tribunal. 6. For the reasons aforesaid, no relief can be granted. The appeal is dismissed. No cost. Appeal dismissed.
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