Authority: National Company Law Tribunal (NCLT), Allahabad Bench, Prayagraj
Order Date: 11th June, 2026
Case Overview
The order pertains to two company applications (CAs) heard together by a division bench comprising Member (Judicial) Sh. Praveen Gupta and Member (Technical) Sh. Ashish Verma. The applications are part of larger company petitions (CPs) filed under Sections 397/398 of the Companies Act, 1956, which deal with oppression and mismanagement in a company. The primary company involved is M/S B.D. Mahajan & Sons Pvt Ltd. The petitions originate from two main disputes: CP No.88/ND/2013 (Sudhir Mahajan vs. M/S B.D. Mahajan & Sons Pvt Ltd & Ors) and CP No.64/ND/2013 (Rakesh Mahajan & Ors vs. M/S B.D. Mahajan & Sons Pvt Ltd & Ors).
The hearing addressed procedural steps for two specific applications:
- CA No.18/2024: The counsel for the applicant stated that the non-applicant respondent had not filed a reply despite notice being issued long ago.
- CA No.19/2026: This is a newly filed application for which notice needed to be issued.
Counsel Sh. Yash Tandon appeared for the respondents in CA No.58/2021 (item no.139) and for the petitioners in the main CP and several other connected applications in item no.140. Counsel Sh. Krishna Dev Vyas appeared for the Registrar of Companies (ROC).
Final Outcome
The tribunal issued specific directives for each application:
For CA No.18/2024, the non-applicant respondent was granted a final period of three weeks to file their reply, with an advance copy to be supplied to the other side. The order explicitly states this is the last opportunity granted.
For CA No.19/2026, notice was formally issued. The counsel for the non-applicant/respondent accepted notice and was granted two weeks to file a reply, again with an advance copy to be supplied to the other side.
The matter, including all other connected applications, was adjourned for a further hearing on 20th August, 2026.
Topics: NCLT Proceedings, Corporate Dispute, Oppression & Mismanagement