Rajeswara Rao Vittanala, Member - (1.) The present Company Petition bearing CP NO.245/424/HDB/2017, is filed by Mr N. Kasthur Reddy (Petitioner Decree Holder) under Clause 3 of Section 424 of Companies Act, 2013, in respect of decree dated 20.03.2017 under Rule 56 against M/s Prakjyothi Constructions Private Limited (Respondent/JDRs), by inter-alia seeking the Tribunal to allow execution petition filed by him by ordering attachment of the movable of the Respondent Company more fully described in Form NCLT 8 etc.
(2.) Brief facts, leading to filing of the present Company Petition, are as follows:- (a) The Petitioner filed CP 73 of 2015 under Sections 397, 398 and 111A read with Sections 402 and 403 of Companies Act, 2013 seeking set aside of transfer of shares dated 22.03.2013 and rectify the Register of Members and restore membership of the Petitioner holding 2,00,000 shares of Rs. 10 each and other reliefs. (b) This Tribunal, vide order dated 20.03.2017, set aside the transfer of shares dated 22.03.2013 and consequently directed the Respondent to restore the Membership of the Petitioner for total shares of 2,00,000 shares of Rs. 10/- each of the Company and consequently rectify the Register of Membership of the Company within 10 days from the receipt of the copy of the order. (c) When the Respondent Company failed to comply with the order dated 20.03.2017 issued by this Tribunal, the Petitioner also issued a registered notice to the Respondent on 12.04.2017 requiring him to comply with the order dated 20.03.2017. The Respondent even after receiving the notice failed to comply with the order of the Tribunal. The Respondent filed an Appeal with NCLAT, New Delhi in CA (AT) No. 124 of 2017, which is however dismissed. (d) The Petitioner has also filed Appeal with NCLAT, New Delhi vide CA 148/2017 seeking full and complete consequential reliefs bearing benefits with retrospective effect which relief is in addition to relief awarded in CP 73 of 2015 by the Hon'ble Tribunal. The appeal is allowed by NCLAT and relief is awarded in addition to relief already granted by the Hon'ble Tribunal.
(3.) Heard Shri Mohammed Habibullah, Learned Counsel for the Petitioner.;