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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO 185 OF 2024
Hitesh Chhaganlal Ambalia & Anr … Appellants
Versus
Ashwin Khushaldas Banker & Ors … Respondents
O R D E R
1 The appeal arises from an order of the National Company Law Appellate Tribunal1
dated 14 December 2023.
2 The appellants instituted a petition before the National Company Law Tribunal2
under Sections 241 and 242 of the Companies Act 2013 alleging operation and
mis-management.
3 By its order dated 13 November 2020, the NCLTallowed the petition and issued
the following directions :
“(1) EOGM held on 18.12.2019 is declared illegal. Resolution passed for removal of the Petitioner no. 1 from Respondent No.1 Company is also declared illegal, null and void.
(2) The posit ion of Director of the Petitioner no. 1 in Respondent no. 1 Company is restored from the date of his removal from such post.
(3) The bank account of the Company will be jointly opera ted wherein one person from the Petitioners ' side and
1 “NCLAT” 2 “NCLT”
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one person from Respondents no. 2 and 3 would be signatories.
(4) Certified copies of this order be filed with the concerned Registrar of Companies within 30 days from the date of this order.”
4 An appeal was filed before the NCLAT against the order of the NCLT.
5 After recording the submissions, the NCLAT noted that the decision of this Court
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