Authority: National Company Law Tribunal Kochi Bench (Shri Vinay Goel, Member (Judicial) and Shri Ravichandran Ramasamy, Member (Technical))
Order Date: 17 June 2026
Case Overview
This order addresses multiple Interlocutory Applications (IAs) and the main Company Petition CP(C/ACT)/16/KOB/2023 in the matter of K Mohammed Kaniyatta & Another versus Malabar Construction Materials Pvt Ltd & 4 Others. The petition was filed under Sections 241, 242, and 213 of the Companies Act, 2013, typically dealing with oppression and mismanagement in companies.
During the proceedings, counsel for the applicants presented postal tracking evidence confirming that notice had been duly served upon Respondent 5 (R5) on 02.05.2026. Despite proper service, R5 failed to appear, leading the tribunal to proceed ex-parte against them. Respondent 4 (R4), through proxy counsel, stated they had no objection to the application and would not file a reply affidavit. Respondents 2 and 3 (R2 & R3) filed a reply affidavit, which was taken on record by the tribunal. The applicants declined to file a rejoinder to this reply. The tribunal also has on record the 2nd and 3rd Reports of the Administrator dated 26.07.2024 and 23.11.2024 respectively.
Final Outcome
The tribunal adjourned all pending matters, including the main company petition and all interlocutory applications (IA(C/ACT)/100/KOB/2026, IA(C/ACT)/158/KOB/2025, IA(C/ACT)/53/KOB/2025, IA(C/ACT)/205/KOB/2024, and IA(C/ACT)/8/KOB/2024), to 08.07.2026 for further hearing. No substantive decisions on the merits of the case were made in this order.
Topics: NCLT Proceedings, Corporate Dispute, Adjournment