Rajeswara Rao Vittanala, Member - (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: 1) There is an error apparent on the face of record, in which the Tribunal failed to consider certain documents filed on 12.04.2017; 2) There is a grave suppression of material facts, and the petition itself is 'forum shopping 'in which the petitioner of main CP has not disclosed the fact that similar relief as sought in I.A. No. 531, 532 of 15 in OS 21 of 12 was not pleaded/not brought to the notice in CA No. 46 of 17. Though the suit is filed by Quinn Logistics Sweden AB in Bankruptcy, the petitioner is one of associates/group companies of Quinn Logistics, and all those Companies are under control of receiver appointed at the behest of IBRC. It is also stated that Deponent of Quinn Logistics India Pvt. Ltd. and deponent of the present Company petition is one and the same person. 3) The petitioner is a part of investment arm of Quinn Group of Companies, and it is fully owned subsidiary of Quinn. Finance Holding Ltd. (ROI), which holds and controls the petitioner through two companies namely Quinn Finance Holding (Jersy) Limited and Quinn Finance ((Jersy) unlimited which hold 99.90% and .01% of the petitioner respectively. 4) IBRC acting through Mr. Leif Backlund, on behalf of the Quinn Logistics Sweden, has filed said IA No. 531 of 15 in OS No. 21 of 12 in the month of April, 2015 before filing the present company petition, and had specifically sought production of certain documents; under para 7(a) of application i.e. 'all documents lodged with the Reserve Bank of India (RBI) by Respondent/Defendant No. 1 herein 'the same is admittedly pending before the Civil Court. So the reliefs asked in the said Civil Suit and in CA No. 46 of 17 are similar/same. 5) It is contended that the applicant came to know about pending of several interlocutory applications in OS No. 21 of 12 and OS No. 1303 of 13 only on 12.04.17. So these things could not be brought to the notice of this Tribunal immediately. Though the copies of IA mentionedwere brought to the notice of this Tribunal and filed them on 21.04.2017, the same could not find consideration in the final order passed in CA No. 46 of 17. Therefore, the present application has been filed seeking the relief as mentioned above.
(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: a) The present application is not maintainable, which is filed with a view to avoid the production of documents, and to delay adjudication of main proceedings; b) It is contended that section 420 of Companies Act, 2013 confer power on this Tribunal only with respect to rectify a mistake, and not to review of the order passed by it. Even otherwise, no ground is made out by the applicant for review of the order in question; c) They have contended that the documents in question are not relevant to the issue in question, and for the reasons best known to them, they have filed those documents belatedly, without any reasons, thought they are in possession of those documents well in advance; d) IA No. 531 of 15 in OS No. 21 of 12 has been moved by Quinn Logistics Sweden AB through its Bankruptcy Receiver (Mr. Leif Baecklund) appointed by the District Court of Stockholm by an order dated 6th July, 2011. Moreover, it does not relate to production of any documents for determining the terms of debentures, which is the issue in the Company petition herein. And it relates to value of shares of the Respondent. Any way Quinn Finance, the Respondent/petitioner herein, is admittedly not one of respondents/defendants in the said suits. e) Mack Soft was held by Quinn Logistics India Private Limited, which in turn is held by Quinn Logistics Sweden AB, which has been placed in bankruptcy and controlled by said Mr. Leif Baecklund. f) Therefore, they have prayed the Tribunal to dismiss the application.;