The NCLT held that when the petitioner complained of oppression in the CP before CLB filed in 2004 but these allegations have never been raised in any other legal proceedings filed before other forums, allegations pertained to period upto 1983, the petition is liable to be dismissed on the ground delay latches and acquiescence. P K Rastogi Vs. Bharat Cold Storage P Ltd MANU/NC/0125/2016.
The NCLT held that when admittedly petitioner do not hold any shares in the company and if the petitioner have any grievance about non payment of salary the remedy is to file civil suit and CP under Sec 397 of Companies Act 1956 is not maintainable. S N singh Vs WSP Consultants Ltd MANU^/NC/0117/2016.
The Gujarat High Court dismissed Writ Petition challenging notice under Sec 13(4) of SARFAESAI Act issued by lenders bank for recovery and sale of assets on the ground that alternate by way of appeal before DRT is available and therefore writ petition is not maintainable. Harikrishan Engineering Works Vs Syndicate Bank MANU/GUJ/2651/2016.
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