Prakash Kishanchandra Makhijani & Another Vs Ohm Encon Private Limited & Others (NCLT Ahmedabad)
The application was filed under Sections 241 and 242 of the Companies Act, 2013 read with Rule 81 of the NCLT Rules, seeking urgent interim protection against the agenda placed before an Extraordinary General Meeting (EoGM) scheduled for 09.07.2026 for the removal of Petitioner No.1 as a director and for maintenance of status quo until the petition was heard.
The applicants submitted that they collectively held 45% shareholding in Respondent No.1 company. They stated that a Memorandum of Agreement (MOA) dated 2 June 2026 had already been executed between the parties providing for the petitioners’ exit upon payment of consideration for their shares through the prescribed procedure. The MOA also provided that any disputes would be resolved through arbitration by a mutually appointed sole arbitrator. Despite this, the respondents, who held 55% of the company’s shares, circulated an agenda proposing the removal of Petitioner No.1 as a director under Section 169 of the Companies Act, 2013.
Counsel for Respondent No.2 appeared by waiving notice, sought time to file the Vakalatnama and reply, and was directed to file the Vakalatnama on the same day and the reply before 10:30 a.m. on Thursday, 09.09.2026.
Want to Read the Complete Judgment?
You have read the free case summary. Unlock the full judgment, the detailed judicial reasoning and the downloadable PDF, along with every other premium judgment on TaxGuru.
Already subscribed? Log in
One subscription covers the entire premium judgment library, not just this case.
