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Equivalent Citation: AIR2020SC 3088, 2020(5)ALD274, I(2021)BC 45(SC ), 2020(5)BLJ1, [2020]157C LA121(SC ), [2020]221C ompC as374(SC ),
(2020)3C ompLJ1(SC ), 2020(6)C TC 944, 2020(3)RC R(C ivil)85, (2020)8SC C 79, [2020]160SC L302(SC )
JUDGMENT
Arun Mishra, J.
1 . These appeals have been preferred against the judgment and order dated
14.11.2019 passed by the National Company Law Appellate Tribunal, New Delhi, (for
short 'the NCLAT') in Company Appeal (AT) No. 411 of 2018, thereby affirming the
order passed by the National Company Law Tribunal (for short 'the NCLT') concerning
maintainability of the applications filed Under Sections 241 and 242 of the Companies
Act, 2013 (hereinafter referred to as 'the Act').
2. The case is the outcome of a family tussle. Late Mr. Abhey Kumar Oswal, during
his lifetime, held as many as 53,53,960 shares in M/s. Oswal Agro Mills Ltd., a listed
company. He breathed his last on 29.3.2016 in Russia. On or about 18.6.2015, Mr.
Abhey Kumar Oswal filed a nomination according to Section 72 of the Act in favour of
Mrs. Aruna Oswal, his wife. Two witnesses duly attested the nomination in the
prescribed manner. As per the Appellant, it was explicitly provided therein that: "This
nomination shall supersede any prior nomination made by me/us and any
testamentary document executed by me/us." The name of Mrs. Aruna Oswal, the