# In the matter of Sulochana Gupta and Anr. Vs. RBG Enterprises Private Ltd. and Ors. WA.No.1083 OF 2020

> HC judgment dated 2020-09-09. Citation: TCN-2020-HC-00015. This case involves a writ appeal filed against a common judgment passed by a single judge of the…

- **Court:** HC
- **Order date:** 9 Sept 2020
- **Citation:** TCN-2020-HC-00015
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/sulochana-gupta-and-anr-vs-rbg-enterprises-private-ltd-and-ors-wano1083-of-2020-13d99f7f

## Summary

### Background

This case involves a writ appeal filed against a common judgment passed by a single judge of the High Court regarding company petitions pending before the National Company Law Tribunal (NCLT). The single judge had disposed of the writ petitions, addressing concerns about financial transactions of running companies and the maintainability of the petitions without the NCLT as a party. The appellants, shareholders of RBG Enterprises Pvt. Ltd., raised issues regarding the company's Annual General Meetings (AGM), financial statements, and related party transactions, seeking intervention from the NCLT.

## Facts

Sulochana Gupta and Minakshi Gupta, shareholders of RBG Enterprises Pvt. Ltd., filed a writ appeal against a single judge's decision regarding company petitions before the NCLT. The appellants alleged irregularities in the company's AGM, financial statements, and related party transactions. They claimed the 2nd respondent did not obtain approval for financial statements and forged signatures. The appellants sought intervention from the NCLT, leading to interim orders restraining related party transactions. They also filed a petition before the NCLT for mismanagement and oppression. The 2nd respondent convened a Board of Directors meeting without proper notice. The appellants approached the NCLT for reliefs, and the NCLT restrained the 2nd respondent from convening

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## Issues and analysis

### Issue 1: Whether a writ petition can be filed under Article 226 or 227 of the Constitution of India when an …

**Ratio:** The power of superintendence under Article 227 is for both administrative and judicial

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**Reasoning:** The court analyzed numerous Supreme Court decisions to determine the scope of High

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**Interpretation:** The court interprets Articles 226 and 227 of the Constitution of India,

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**Application:** The court applied these principles to the case at hand, concluding that the

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## Parties

- **Judges:** MR.S.MANI…; SHAJI P.…
- **Appellants:** SULOCHANA…
- **Respondents:** RBG ENTERPRISES…

## Timeline

- **2020-09-09 — Judgment…**: The writ appeal was finally heard and…
- **2020-07-22 — Single Judge…**: The learned single Judge of the High Court passed the common judgment in the writ…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 96(1) — Interim- moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-96)

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