30-33 $~ * + + IN THE HIGH COURT OF DELHI AT NEW DELHI CO.A(SB) Nos. 92/2011 UNITECH WIRELESS(TAMIL NADU) PVT LTD ..... Appellant Through: Mr. Sanj eev Puri, Sr. Advocate with Mr. Arun Kathpalia with Mr. Kamal Shanker, Advs. versus UNITECH LTD. & ORS. . .... Respondent Through: Mr. V.P. Singh, Mr. U.K. Chaudhary, Senior Advocates with Mr. Manu Krishnan, Mr. Prashant Mishra, Mr. Anant Garg, Mr. Sameer Chaudhary, Ms. Manisha Chaudhary and Ms. Srishti Singh, Advocates And CO.A(SB) 93/2011 UNITECH WIRELESS(TAMIL NADU) PVT LTD versus ..... Appellant Through: Mr. Sanjeev Puri, Sr. Advocate with Mr. Arun Kathpalia with Mr. Kamal Shanker, Advs. UNITECH LTD. & ORS. . .... Respondent Through: Mr. V.P. Singh, Mr. U.K. Chaudhary, Senior Advocates with Mr. Manu Krishnan, Mr. Prashant Mishra, Mr. Anant Garg, Mr. Sameer Chaudhary, Ms. Manisha Chaudhary and Ms. Srishti Singh, Advocates And Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified + CO.A(SB) 94/2011 + TELENOR ASIA PTE LTD. . .... Appellant versus Through: Mr. Rajiv, Sr. Advocate with Mr. Sitesh Mukherjee, Mr. Anand Prasad, Mr. Ashish Dholakia, Mr. Ashish Bhan & Ms. Mansi Gupta, Advs. UNITECH LTD. & ORS. . .... Respondent Through: Mr. V.P. Singh, Mr. U.K. Chaudhary, Senior Advocates with Mr. Manu Krishnan, Mr. Prashant Mishra, Mr. Anant Garg, Mr. Sameer Chaudhary, Ms. Manisha Chaudhary and Ms. Srishti Singh, Advocates And CO.A(SB) 95/2011 TELENOR ASIA PTE LTD. . .... Appellant versus Through: Mr. Rajiv, Sr. Advocate with Mr. Sitesh Mukherjee, Mr. Anand Prasad, Mr. Ashish Dholakia, Mr. Ashish Bhan & Ms. Mansi Gupta, Advs. UNITECH LTD. & ORS. . .... Respondent CORAM: Through: Mr. V.P. Singh, Mr. U.K. Chaudhary, Senior Advocates with Mr. Manu Krishnan, Mr. Prashant Mishra, Mr. Anant Garg, Mr. Sameer Chaudhary, Ms. Manisha Chaudhary and Ms. Srishti Singh, Advocates HON'BLE MR. JUSTICE MANMOHAN I • ORDER 02.12.2011 Caveat Nos. 1080, 1081/2011 in Co. Appl. (SB) 92/2011 Since the Caveators have put in appearance, present caveats stand disposed of. CA Nos. 2422, 2423/2011 in Co. Appl. (SB) 92/2011 CA Nos. 2424, 2425/2011 in Co. Appl. (SB) 93/2011 CA No 2427/2011 in Co. Appl. (SB) 94/2011 CA No 2429/2011 in Co. Appl. (SB) 95/2011 Exemption prayed for, is allowed subject to all just exceptions. Co. Appl. (SB) 92/2011 Co. Appl. (SB) 93/2011 Co. Appl. (SB) 94/2011 & CA 2426/2011 Co. Appl. (SB) 95/2011 & CA 2428/2011 Without prejudice to their rights and contentions, the parties agree that Mr. V.K. Gupta, Cell No. 9899794079, former Registrar of this Court, be appointed as a Facilitator for the Board meeting scheduled to be held on 8th December, 2011 atJ"p.m. Ordered accordingly. ~ Mr. V.K. Gupta would make arrangements for videography and audiography of the said Board meeting. Mr. V.K. Gupta is directed to file his report as well as the video and audio recording of the said Board meeting in a sealed cover with the Company Law Board. Mr. V.K. Gupta shall be paid a fee of Rs. 30,000/-. The fees and expenses for the videography and audiography shall be borne by the \ appellant company in Co.A. (SB) 92/2011. Further, the parties agree that all future applications, if any, for appointment of Facilitator/Observer and/or videographing and audio graphing of meetings shall be heard and decided by the Company Law Board uninfluenced by its order dated 18th November, 2011, or any observations made therein and in the present order of this Court. In the eventuality of such an application being filed, the rights and contentions of all the parties are left open. . With the aforesaid observations, present appeals and applications stand disposed of. Order dasti under the signature of the Court Master. DECEMBER 02,2011 NG 1.. 34 $~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CO.A(SB) 92/2011 UNITECH WIRELESS (TAMIL NADU) PVT. LTD. . .... Petitioner Through: Mr. Kamal Shankar, Advocate. versus UNITECH LTD. & ORS. . .... Respondents CORAM: Through: Mr. Manu Krishnan, Advocate with Mr. Prashant Mishra, Advocate. HON'BLE MR. JUSTICE MANMOHAN ORDER 05.12.2011 Co. Appl. 2445/2011 in Co.A(SB) 92/2011 ( Present application has been filed for correction of a typographical error inasmuch the time for the Board Meeting to be held on ogth December, 2011 has been mentioned as 3 p.m. instead of 2p.m. Accordingly, the correct order dated 02nd December, 2011 shall now read as under:- "Caveat Nos. 1080. 108112011 in Co. Appl. (SB) 92/2011 Since the Caveators have put in appearance, present caveats stand disposed of CA Nos. 2422. 2423/2011 in Co. Appl. (SB) 92/2011 CA Nos. 2424, 2425/2011 in Co. Appl. (SB) 93/2011 CA No 2427/2011 in Co. Appl. (SB) 94/2011 CA No 2429/2011 in Co. Appl. (SB) 95/2011 Exemption prayed for, is allowed subject to all just exceptions. Co. Appl. (SB) 92/2011 Co. Appl. (SB) 93/2011 Co. Appl. (SB) 94/2011 & CA 2426/2011 Co. App[. (SB) 95/2011 & CA 242812011 Without prejudice to their rights and contentions, the parties agree that Mr. VK. Gupta, Cell No. 9899794079, former Registrar of this Court, be appointed as a Facilitator for the Board meeting scheduled to be held on 8th December, 2011 at 2 p.m. Ordered accordingly. Mr. VK. Gupta would make arrangements for videography and audiography of the said Board meeting. Mr. VK. Gupta is directed to file his report as well as the video and audio recording of the said Board meeting in a sealed cover with the Company Law Board. Mr. VK. Gupta shall be paid a fee of Rs. 30,000/-. The fees and expenses for the videography and audiography shall be borne by the appellant company in Co.A. (SB) 92/2011. Further, the parties agree that all future applications, if any, for appointment of Facilitator/Observer and/or videographing and audio graphing of meetings shall be heard and decided by the Company Law Board uninfluenced by its order dated 18th November, 2011, or any observations made therein and in the present order of this Court. In the eventuality of such an application being filed, the rights and contentions of all the parties are left open. With the aforesaid observations, present appeals and applications stand disposed of Order dasti under the signature of the Court Master." Accordingly, present application stands allowed. \L 1 MANMOHAN,J DECEMBER 05, 2011 JS