SHANTHALA SPHEROCAST PRIVATE LIMITED Vs. RAJNI SATISH

JUDGEMENT

(1.) Mr. S.N.Chandrasehkar, learned senior counsel for mr.Nagaraja R.C., learned counsel for the petitioner.

(2.) In these petition under Article 226 of the Constitution of India, the petitioner inter alia seeks quashment of proceedings initiated by the National Company Law Tribunal (hereinafter referred to as 'the Tribunal' for short) under Sections 241 and 242 of the Companies Act, 2013 (hereinafter referred to as 'the Act' for short). The petitioner also assails the validity of the interim order dated 24.06.2019 passed by the Tribunal, Bengaluru.

(3.) Facts leading to filing of these writ petitions in nut shell briefly stated are that respondent No.1 filed a petition under Sections 241 & 242 of the Act. Admittedly, respondent No.1 did not have 10% share holding. The respondent No.1 therefore, filed an application under Proviso to Section 244(1)(b) of the Act seeking waiver. However, the aforesaid application was kept pending by the Tribunal and an interim order was passed on 24.06.2019 on I.A.304/2019 filed by respondent No.1. In the aforesaid factual background, the petitioner has approached this Court seeking the reliefs as stated supra.