Indian Motion Picture Producers Association Vs Sanjeev Kumar Singh and Ors. (NCLAT Delhi)
The National Company Law Appellate Tribunal (NCLAT) considered an appeal challenging the NCLT Mumbai order dated 8 July 2026 passed in Company Application No. 153(MB) of 2026 and IA No. 175(MB)/2026 in Company Petition No. 132(MB) of 2026, whereby the NCLT had granted a waiver under Section 244 of the Companies Act in favour of the respondents.
The appellant challenged the impugned order and, at the preliminary stage, raised two questions. The first related to the effect of the consent placed by the respondents for grant of the waiver. The second concerned the findings recorded by the NCLT regarding the consent obtained from the members and the effect of the subsequent filing of an application under Section 244 of the Companies Act.
The respondents had already entered appearance before the Appellate Tribunal. NCLAT directed the respondents to file replies to both the application seeking interim relief and the company appeal within two weeks. The Tribunal further permitted the appellant to file a rejoinder, if any, within one week thereafter.
The Company Appeal was directed to be listed for further hearing on 1 September 2026.
FULL TEXT OF THE NCLAT JUDGMENT/ORDER
The appellant in the instant Company Appeal, is before us, being aggrieved against the Order dated 8th July, 2026, as it had been passed by the Ld. NCLT, Mumbai, in the Company Application No. 153(MB) of 2026 and IA No 175 (MB)/2026 in Company Petition No. 132(MB) of 2026, invoking relevant provisions as contained under Section 244 of Companies Act for the grant of waiver.
By virtue of the impugned order, the waiver has been accorded in favour of the respondents. The learned Counsel for the appellant, prima facie, while challenging the impugned order has raised two questions, (1) as to what would be the impact with regard to the consent, which has been placed by the respondent for the grant of waiver and (b) the findings that, has been recorded therein qua, the consent having been obtained from the members, and the effect of subsequent filing of an application under Section 244 of the Companies Act.
The respondents have already put an appearance. They may file a reply to the application for grant of interim relief, as well as to the Company Appeal within a period of two weeks. Rejoinder, if any, may also be filed to the Reply of the respondents to the Company Appeal, within a week thereafter.
List this Company Appeal on 1st September, 2026.
