(1.) The present Company Application bearing CA No. 88 of 2017 in CA No. 46/2017 in C.P. No. 12/71/HDB/2016 is filed by Mack Soft Tech Private Limited against Quinn Finance under Section 420 of Companies Act, 2013 R/w. Rues 11, 32 & 34 of the National Company Law Tribunal Rules, 2016 by inter-alia seeking a direction to consider the documents filed on 12.04.17 in I.A. Nos. 531 & 532 of 2015 in O.S. No. 21 on the file of 1st Addl. District Judge, RR District at LB Nagar, Hyderabad in adjudicating the CA No. 46 of 2017, and to rectify/modify the order dated 21.04.17 passed in CA No. 46 of 17 and consequently dismiss it etc.
(2.) The brief facts, as mentioned in the present Company application, which are relevant to present issue, are as follows:
(3.) The application is opposed by the Respondent/petitioner (Quinn Finance) by way of reply dated 8th May 2017 through its Director Mr. Robert Dix. The following are his main contentions: