ADBHUT VINCOM (P ) LTD Vs. HOTEL BIRSA (P ) LTD
LAWS(NCLT)-2016-8-22
NATIONAL COMPANY LAW TRIBUNAL
Decided on August 24,2016

ADBHUT VINCOM (P ) LTD Appellant
VERSUS
HOTEL BIRSA (P ) LTD Respondents




JUDGEMENT

- (1.)The instant C.A. No. 306/2016 is filed by the applicant, M/s. Libra Retailers Pvt. Ltd. for intervention in main C.P. No. 370/2010 filed under sections 397 and 398 of the Companies Act, 1956. The applicant herein states that on 27th January 2016 they came to know that C.P. 370 of 2010 has been instituted by the petitioner, Adbhut Vincom Pvt. Ltd. against M/s. Hotel Birsa (P) Ltd. & Ors. in 2010 before the Company Law Board, Kolkata.
(2.)Immediately thereafter the applicant through its Advocate on Record on 5th April, 2016 approached the Company Law Board, Kolkata Bench for a certified copy of the petition. However, as the applicant is not a party to the said C.P. No. 370/2010 they were not provided with Certified Copy thereof.
(3.)The applicant in the said C.A. No. 306/2016 states that they have entered into a MOU dated 29th September 2009 for acquisition of 2,08,250 fully paid up equity shares of the total face value of Rs. 2,08,25,000/- owned by the petitioner in C.P. No. 370 of 2010 in the Respondent No. 1 company with right of allotment or further allotment and the applicant will purchase such shares for a valuable consideration.
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