ASHOK KUMAR KHOSLA Vs. PGH INTERNATIONAL P LTD AND ORS
LAWS(NCLT)-2018-2-162
NATIONAL COMPANY LAW TRIBUNAL
Decided on February 16,2018

ASHOK KUMAR KHOSLA Appellant
VERSUS
PGH INTERNATIONAL P LTD AND ORS Respondents

JUDGEMENT

Bikki Raveendra Babu, Member - (1.) Original respondents Nos. 1 and 2 in T.P. No. 125 of 2016 filed I.A. Nos. 23 and 24 of 2016 respectively challenging maintainability of T.P. No. 125 of 2016 on the grounds of limitation, laches, no cause of auction, suppression of material facts, approaching the court with unclean hands, Ashok Kumar Khosla has no jurisdiction to file this petition and on the ground that original respondent No. 3 is no more. Aforesaid applications, after hearing both the sides on merits were disposed of by this Tribunal as dismissed by a common order dated May 29, 2017.
(2.) In these petitions it is the grievance of the applicants, i.e., original respondents Nos. 1 and 2 that, this Tribunal, while passing the order dated May 29, 2017 has not taken into consideration the oral arguments and contentions in written arguments on the aspect of delay and laches. It is also the case of the applicants/original respondents Nos. 1 and 2 is that this Tribunal has not taken into consideration the decisions of the National Company Law Tribunal, Delhi Bench in the case of Praveen Shankaralayam v. Elan Professional Appliances P. Ltd, 2016 199 CompCas 528 and the decision in case of Esquire Electronics v. Netherlands India Communications Enterprises Ltd MANUNC/0080/2016 and Sanjay Agarwal v. Meghalaya Finlease P. Ltd, 2017 202 CompCas 624 .
(3.) It is also pleaded that non-consideration of oral arguments on delay and laches as well as written submissions has resulted in grave miscarriage to the applicants.;


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