Tribunals and CommissionsDivision Bench(2022) 09 NCLAT CK 0328

Abhimanyu Singh & Ors. vs Brijnadan Industries Pvt. Ltd. & Ors.

National Company Law Appellate Tribunal · Decided on 22 September 2022

HON’BLE JUDGES
Anant Bijay Singh, Member (Judicial) · Shreesha Merla, Member (Technical)
CASE NUMBER
Company Appeal (AT) No. 33 of 2020

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Judgment

10 paragraphs · 360 words

O R D E R

22.09.2022: From the perusal of the order dated 04.08.2022 it appears that the Ld. Counsel for the Appellants was directed to take fresh steps of notice on Respondent No. 9 to 11, 13, 15 to 20.

2.

Mr. Kartik Rai, Advocate appears on behalf of the Appellants submits that he has complied the aforesaid order dated 04.08.2022 and taken steps for issuance of notice. An Affidavit of Service has been filed in which para 2 it is stated that the notice sent to the Respondent No. 9 to 11, 13, 15 to 20 through speed post on 03.09.2022.

3.

Pursuant to the notice Mr. Jitendra Kumar, Advocate appears on behalf of Respondent No. 19 / SBI and submits that he is a Performa Respondent in this Appeal. The Ld. Counsel for the Respondent No. 1 to 5 has filed the Reply Affidavit. Rejoinder has also been filed by the Appellant.

4.

The Ld. Counsel for the Appellant submits that now pleadings in this Appeal are complete.

5.

Heard the Ld. Counsel for the Appellant and Respondents. The Appellant has preferred this Appeal being aggrieved and dissatisfied by the order dated 22.11.2019 passed by the National Company Law Tribunal (Principal Bench, New Delhi) in CP No. 129/245/PB/2018 whereby and whereunder refused to give liberty to initiate proceedings under Section 241-242 of the Companies Act before the appropriate Bench and the next date of hearing was fixed on 10.01.2020.

6.

The Ld. Counsel for the Respondent No. 19 submits that next date of hearing is fixed on 20th October, 2022 before the Tribunal in the matter.

7.

After hearing Learned Counsel for the parties, we dispose of the instant Appeal with a request to the National Company Law Tribunal (Principal Bench New Delhi) to expedite the matter and dispose of at an early date and liberty is granted to the parties to raise all the issues.

8.

With these observations, the instant Appeal is disposed off.

9.

Registry to upload the order on the website of this Appellate Tribunal and send the copy of this order to the National Company Law Tribunal (Principal Bench New Delhi), forthwith.