Indian Kanoon - Search engine for Indian Law

(i) A “limited affidavit” which has been filed on behalf of the first respondent; and

(ii) An affidavit in rejoinder on behalf of the petitioner.

12 We have heard Mr Mukul Rohatgi, Dr Abhishek Manu Singhvi, Mr Ranjeet Kumar, senior counsel on behalf of the petitioner and Mr Shyam Divan and Mr Ramji Srinivasan, senior counsel on behalf of the contesting respondents. Mr Darius Khambata, senior counsel has appeared on behalf of the scrutinizer.

11 Mr Mukul Rohatgi, Dr AM Singhvi, Mr Neeraj Kishan Kaul and Mr Ranjit Kumar, senior counsel appear on behalf of the appellant. Mr Tushar Mehta, Solicitor General of India appears on behalf of the NCLAT and the Member (Technical). Mr PS Patwalia, senior counsel appears on behalf of the Member (Judicial). Mr Darius Khambata, senior counsel appears on behalf of the Scrutiniser.

12 An affidavit has been filed by the Member (Technical) unconditionally tendering an apology before this Court. The Member (Technical) has, inter alia, stated that control over the procedure during the course of the proceedings before the Bench, particularly the procedure of mentioning, is with the Member (Judicial) on account of his judicial training and experience in the functioning of the courts.

By then, voting had concluded on 28 September 2023. The Scrutiniser states that a legal opinion was obtained by the company on the basis of which he took steps to withhold the result of the AGM.

26 The beneficiary of this action was Mr Deepak Kishan Chhabria, who was then acting as Chairman-cum-Managing Director. Mr Deepak Kishan Chhabria has been represented by Mr Shyam Divan and Mr Maninder Singh, senior counsel.

The Scrutiniser, Mr VM Birajdar has been represented in these proceedings by Mr Darius Khambata, senior counsel. We have no manner of doubt that the Scrutiniser has acted in concert with Deepak Kishan Chhabria to delay the declaration of the result of the AGM, effectively in breach of the directions that were issued by this Court on 26 September 2023.

29 Before concluding, we record the statement of Mr PS Patwalia, senior counsel appearing on behalf of the Member (Judicial) that the Member (Judicial) has tendered his resignation from office by a letter addressed to the Chairperson of the NCLAT and to the Secretary, Ministry of Corporate Affairs today.

30 The Scrutiniser has tendered an unconditional apology through Mr Khambata. Mr Deepak Kishan Chhabria has also tendered an unconditional apology through Mr Shyam Divan, senior counsel.