Case Details

  • Case Name: In the Matter of Aaryan Chilled Infra Pvt. Ltd. & Jagdish Sharma Vs Onion Rings Hotel & Resorts Pvt. Ltd. & Nine (9) Others.
  • Court/Authority: National Company Law Tribunal (NCLT), Guwahati Bench.
  • Case Numbers: CP/14/GB/2023 & IA(Comp. Act.)/12/GB/2023.
  • Date of Hearing: 20th May 2026.
  • Governing Law: The petition is filed under Sections 241-244 of the Companies Act, 2013, which pertain to cases of oppression and mismanagement in a company.

Parties Involved

  • Petitioners: Aaryan Chilled Infra Pvt. Ltd. and Jagdish Sharma.
  • Respondents: Onion Rings Hotel & Resorts Pvt. Ltd. and nine other respondents (R-1 to R-10).
  • Representation:
  • For Petitioners: Mr. A. Pareek, Company Secretary (CS).
  • For Respondent Nos. 2, 3 & 7: Mr. B. Debnath, CS.
  • For Respondent No. 8: Mr. L. Bagaria, Chartered Accountant (CA), present in person.
  • No appearance was made for Respondent Nos. 1, 4, 5, 6, 9 & 10.
  • Bench: Hon'ble Member (Judicial), Shri Rammurti Kushawaha and Hon'ble Member (Technical), Shri Yogendra Kumar Singh.

Procedural Developments & Observations

  • It was submitted by the counsel for Respondent Nos. 2, 3 & 7 that Respondent No. 6 (a company) has been struck off by the Registrar of Companies (ROC), North Eastern Region.
  • The same counsel stated they are pressing IA(Comp. Act.)/12/GB/2023 and do not wish to file a reply against the main company petition (CP/14/GB/2023).
  • Respondent No. 8 was granted 7 days to file a reply, with a copy to the opposite parties.
  • As publication had already been effected against Respondent Nos. 1, 4, 5, 6, 9 & 10 and none appeared for them, Respondent Nos. 1, 4, 5, 9 & 10 were set ex-parte.
  • The petitioner's counsel (Mr. A. Pareek) requested interim relief against the respondents. This request was strongly opposed by the counsel for Respondent Nos. 2, 3 & 7.
  • The bench noted that the prayer for interim relief had been made in the year 2023 in the main petition.
  • It was observed that, as submitted by Respondent Nos. 2, 3 & 7, there has been no change in the shareholding or fixed assets of the company after the filing of the main CP.

Final Ruling & Enforcement

  • The tribunal denied the petitioner's request for interim relief, deeming it not considerable based on the lack of change in circumstances.
  • The matter is listed for the next hearing on 06.07.2026 for arguments.