# In the matter of Aries Agro-Vet Associates Pvt. Ltd. & Anr. Vs. D. H. Narayanasa & Anr. CA (AT) Nos. 380 & 381-2017

> NCLAT judgment dated 2018-04-26. Citation: TCN-2018-NCLAT-00318. The case involves an appeal against orders passed by the NCLT, Mumbai Bench, concerning a…

- **Court:** NCLAT
- **Order date:** 26 Apr 2018
- **Citation:** TCN-2018-NCLAT-00318
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/aries-agro-vet-associates-pvt-ltd-anr-vs-d-h-narayanasa-anr-ca-71120b05

## Summary

### Background

The case involves an appeal against orders passed by the NCLT, Mumbai Bench, concerning a petition alleging oppression and mismanagement in M/s. Aries Agro Vet Associates Pvt. Ltd. The original petition was filed before the Company Law Board, Mumbai, in 2009 and later transferred to the NCLT. The NCLT rejected a preliminary objection regarding the maintainability of the petition and a subsequent review application.

## Facts

Mr. D.H. Narayanasa filed a petition alleging 'oppression and mismanagement' against M/s. Aries Agro Vet Associates Pvt. Ltd. before the Company Law Board, Mumbai, which was later transferred to the NCLT, Mumbai Bench. The petition was initially filed in 2009. The appellant/respondent filed an Interlocutory Application challenging the maintainability of the petition, arguing it was barred by limitation and suffered from non-joinder of necessary parties. The NCLT rejected this application on June 14, 2017, and a subsequent review application on September 15, 2017. The appellants then appealed to the NCLAT. The key facts are the initial filing date of the petition, the grounds for challenging its maintainability, and the NCLT's decisions on the preliminary objection and

…

## Issues and analysis

### Issue 1: Whether the NCLT erred in rejecting the preliminary objection to the maintainability of the …

**Ratio:** The question of limitation is a mixed question of fact and law which cannot be decided in

…

**Reasoning:** The appellate tribunal reasoned that the issue of limitation required a full hearing to

…

**Interpretation:** This implies that the court cannot make a determination on the limitation

…

**Application:** The ratio and reasoning were applied to uphold the NCLT's decision to reject

…

## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** D. H. Nav…
- **Respondents:** M/s. Aries…; D.H. Nara…
- **Advocates:** Balaji Srin…; Pratiksha…

## Timeline

- **2009-01-01 — Petition…**: Mr. D.H. Narayanasa filed a petition before the Company Law Board, Mumbai, alleging…
- **2017-06-14 — NCLT Ord…**: The NCLT, Mumbai Bench, rejected the preliminary objection to the maintainability of the…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/aries-agro-vet-associates-pvt-ltd-anr-vs-d-h-narayanasa-anr-ca-71120b05