Draft a Special Leave Petition to the Supreme Court of India against NCLT decision of liquidation of your company. If required, assume other facts.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2021
Draft a Special Leave Petition to the Supreme Court of India against NCLT decision of liquidation of your company. If required, assume other facts.

Answer & Explanation:

In the Supreme Court of India CIVIL APPELLATE JURISDICTION IN THE MATTER OF: Special Leave Petition under Article 136 of the Constitution of India AND IN THE MATTER OF: XYZ Company Ltd., a company registered under the Companies Act, 2013 through Chairman/Managing Director the company, having registered office at ............ Petitioner Versus ............ S/o ............ R/o............ Union of India through the Secretary, Ministry of Corporate Affairs, New Delhi The Registrar of Companies ............ Respondents The Hon'ble Chief Justice of India and His Lordship's Companion Judges of the Supreme Court. THE HUMBLE PETITION ON BEHALF OF THE PETITIONER ABOVE NAMED MOST RESPECTFULLY SHOWETH: That the petitioner is a company duly incorporated under the provisions of the Companies Act, 2013 and is challenging by way of this special leave petition the judgment and order of the NCLT of ............ dated ............ in proceeding under section ............ of the Companies Act, 2013. That the question of law involved in this matter are as follows: Whether the NCLT has fallen into error in taking the view that............? Whether it would be a good ground for winding up of the petitioner-company that two of its directors are not on speaking terms and there is, thus, a deadlock in the administration of the affairs of the company. That respondent No. 1 herein had filed a petition before the Hon'ble NCLT of ............ seeking the relief ............ which petition was contested by the petitioner-company inter alia on the grounds that............ That the NCLT after hearing the parties through their respective Counsel allowed the said petition, holding that sufficient grounds had been made out for winding up of the petitioner-company. That the aforesaid findings and final judgements/order of the NCLT are assailed on the following; amongst, other. Grounds 5.1 That ............ 5.2 That ............ 5.3 That............ That the petitioner has not filed any appeal or other proceeding relating to this matter in the Hon'ble Court or any other Court. RELIEF The petitioner company accordingly prays that this Hon'ble Court be pleased to grant Special Leave to Appeal in the matter and to allow the appeal, by setting aside the impugned judgement/order passed by the NCLT and dismiss the petition filed by the respondent (No. ............) in the NCLT. PETITIONER AFFIDAVIT IN THE HON'BLE SUPREME COURT OF INDIA IN THE MATTER OF ............petitioner Versus ............ ............ ............Respondents AFFIDAVIT I ............ company through the petitioner in the SLP titled as above do hereby solemnly affirm and state as under: That I am the petitioner and am fully aware of and conversant with the relevant facts concerning the matter in issue in this petition. That the contents of the accompanying Special Leave Petition are true and correct to the best of my knowledge and belief. That no relevant fact has been concealed or kept back in the S.L.P. I, further solemnly affirm at............ (place) this the............ day of............ that the above averments are true and correct. Nothing material has been concealed therefrom. DEPONENT

Topics: Pleadings / Supreme Court

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