Court Order

1. CA No.435/2018
IN
CP No.183/Chd/Hry/2018
NATIONAL COMPANY LAW TRIBUNAL,
CHANDIGARH BENCH, CHANDIGARH.
CA No.435/2018
IN
CP No.183/Chd/Hry/2018
In the matter of:
Sunil Goel & Ors. ….Petitioners.
Versus
Guild Builders Pvt. Ltd. & Ors. ….Respondents.
Present: Mr.U.K.Chaudhary, Senior Advocate with Mr.Himanshu
Vij, Advocate, Mr.Anand Chhibbar, Senior Advocate with
Mr.Gaurav Mankotia, Mr.Vaibhav Sahni, Advocate and
Ms.Munisha Gandhi, Senior Advocate with Mr.Adarsh
Dubey, Advocate for the petitioners.
Mr.Arun Kathpalia, Senior Advocate with Mr.Ankit Singal,
Advocate for respondents No.2 and 14.
Mr.Prateek Gupta, Advocate for respondent No.10.
Mr.Randeep Singh Rai, Senior Advocate with Ms.Rubina
Varmani, Mr.Manohar Kumar Garg and Mr.Abhinav Sood,
Advocates for respondent No.1.
Mr.Rakesh Kumar, Advocate for respondent No.12 and 13.
Mr.Deepankur Sharma, Advocate for Regional Director.
CA No.435/2018:
Learned senior counsel for the petitioners filed the affidavit
of service vide diary No.4468, dated 16.11.2018. Copies of the emails,
postal receipts and tracking reports have also been annexed therewith.
Learned senior counsel for the respondents seeks time to file the reply.
Learned senior counsel for the petitioners have
vehemently pressed the prayer for interim directions to the respondent No.1
company for not creating any encumbrance/pledge of the remaining shares
of the Guild Builders Private Limited in the Omaxe (India) Limited.
The other prayer, which is also pressed at this stage is for
directing the respondent No.1 Company for permitting the petitioners to

2. CA No.435/2018
IN
CP No.183/Chd/Hry/2018
have access to the record of respondent No.1 Company in terms of Section
171 of the Companies Act, 2013 at this stage.
Having heard the learned Senior Counsel for both the
parties, we deem it appropriate that the reply of the respondents should be
filed for disposal of the prayer regarding pledging/encumbering of the
shares.
Learned senior counsel for the respondent No.1 submitted
that the respondents have never denied the inspection of the record, to
which the shareholders are entitled to.
List the matter on 21.12.2018. Reply to the application and
the written statement to the main petition be filed at least a week before the
date fixed with copy advance to the counsel opposite.
In the meanwhile, respondent No.1 Company is directed
to allow inspection of the record/registers during business hours and take
extract copies as asked for as per Section 171 of the Companies Act, 2013,
on receiving the written communication dasti or by post/email.
Copy of this order be supplied to the learned counsel for
both the parties under the signatures of the Bench Officer.
Sd/-
(Justice R.P.Nagrath)
Member (Judicial)
Sd/-
(Pradeep R.Sethi)
Member (Technical)
November 16, 2018.
Ashwani