P. Venkateswara Rao v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21/5/2025 C O R A M The Hon'ble Mr.Justice G.R.SWAMINATHAN a n d The Hon'ble Mr.Justice V.LAKSHMINARAYANAN Writ Petition No.18849 of 2025

1. P. Venkateswara Rao

2. P.M.K.Srinivas

3. P.D.Madhavi Latha

4. P. Sujatha Petitioners Vs

1. The Registrar National Company Law Appellate Tribunal Principal Bench II and III Floor of Mahanagar Doorsanchar San (MTNL Building) 9 CGO Complex, Lodhi Road New Delhi 110 003 (Near Scope Complex)

2. The Joint Registrar National Company Law Appellate Tribunal Chennai Bench 6th Floor, Ezhilagam Annex, Chepauk Chennai 600 005.

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3. K. Chandrasekhar

4. N. Subhaprada

5. N. Venkateswara Rao

6. K. Rajarajeswari

7. T.P.Sastry

8. N. Sitaram Lakshmi

9. Allen Reinforced Plastics Private Limited 6-3-856/4 Sadath Manzil Colony Ammerpet, Opp Lane to Green Park Hotel Hyderabad 500 016 TG

10. Sanjay Jain

11. Partho Pratim Kar

12. Sateesh Chandra Gupta

13. Renu Nanda

14. Jaykay Defence and Aerospace Ltd Registered Office: 4th Floor, JK Building A 2 Local Shopping Centre, Masjid Moth, South Delhi New Delhi 110 048.

15. Srikrishna Mullapudi Respondents 2/6

PRAYER:

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus restraining the respondents 3 to 14 from convening, holding and conducting the Extraordinary General Meeting of the 9th respondent Company/Allen Reinforced Plastics Private Limited on 23/5/2025 pursuant to notice of Extraordinary General Meeting dated 29/4/2025; or in the alternative, direct the respondents 3 to 14 to keep any decision taken at the said EGM dated 23/5/2025 if held in abeyance until the petitioners are able to move the applications before the Hon'ble NCLAT, Chennai Bench upon re-opening of the Hon'ble NCLAT, Chennai Bench on 2/6/2025.

For petitioner T.K.Bhaskar For respondents R.R.1 and 2 - Tribunal

ORDER

(made by V.LAKSHMINARAYANAN, J.) The petitioner seeks for a direction against the respondent Nos.3 to 15 not to hold Extraordinary General Meeting pursuant to the notice dated 29/5/2025.

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2. We are not going into the merits of the case, as the matter is pending before the National Company Law Appellate Tribunal, Chennai, in Appeal No.(AT) No.74 of 2024.

3. The plea of Mr.T.K.Bhaskar is that his attempt to move NCLAT for an interim order with respect to the holding of the meeting on 23/5/2025 has been rendered otiose on account of an intimation given by the Joint Registrar of NCLAT, Chennai dated 17/5/2025. He has produced a hard copy of the intimation given by one Ms.Bhavana Ravikumar, Joint Registrar, NCLAT, Chennai. In terms of the intimation, it is clear that only fresh cases would be listed by the Registry before the Vacation Bench of NCLAT and the Registry is not in a position to list any existing matters during the period of vacation.

4. Mr.T.K.Bhaskar pleads that in case the meeting is held and Resolutions are implemented, it would have serious repercussions in the pending appeal.

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5. As urgency has been pleaded and since the petitioner does not have a forum as on today to move for an interim order, we are inclined to dispose of the writ petition, with the following directions:- (i). Extraordinary General Meeting of the ninth respondent Company dated 23/5/2025 will go on;

(ii). Any decision that has taken in the meeting will not be implemented till 9/6/2025;

(iii). The petitioner shall move the NCLAT before 9/6/2025 for interim order; and (iv). In case, the petitioner does not move the NCLAT within that period, order granted in Clause (ii), shall stand automatically vacated, without any further reference to this Court.. No costs.

(G.R.S.,J) (V.L.N.,J) 21st May, 2025 mvs/kas.

Index: yes/No 5/6

G.R.SWAMINATHAN,J a n d V.LAKSHMINARAYANAN,J mvs.

To

1. The Registrar National Company Law Appellate Tribunal Principal Bench II and III Floor of Mahanagar Doorsanchar San (MTNL Building) 9 CGO Complex, Lodhi Road New Delhi 110 003 (Near Scope Complex)

2. The Joint Registrar National Company Law Appellate Tribunal Chennai Bench 6th Floor, Ezhilagam Annex, Chepauk Chennai 600 005.

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