Tribunals and CommissionsFull Bench(2025) 02 NCLAT CK 0969

Ankit Tayal & Ors vs Cemcon Engineering Company Pvt. Ltd. & Ors.

National Company Law Appellate Tribunal · Decided on 13 February 2025

HON’BLE JUDGES
Yogesh Khanna Member (T) · Ajai Das Mehrotra Member (T) · Arun Baroka, Member (T)
RESULT
Allowed
CASE NUMBER
Company Appeal (AT) No. 43 of 2025

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Judgment

3 paragraphs · 208 words

13.02.2025: This appeal is filed against an order dated 16.12.2024. It is the submission of the Appellant it has become difficult to run the company since Respondent No. 2 has refused to sign day-to-day cheques of the company and payments of the customers/venders are pending since long. To this effect, the Appellant had also moved an application viz. CA-294/2024 before the Ld. NCLT, now listed on 17.02.2025.

The Learned Sr. Counsel for Respondent submits even a Contempt Petition is pending before the Ld. NCLT and the matter was also listed for compliance on the said contempt petition on 12.02.2025. It is submission the contempt matter be heard first before the hearing of the application CA294/2024.

Considering the fact the CA-294/2024 is still pending for 17.02.2025 it would be appropriate if the Contempt Petition as well as the CA-294/2024 be taken upon on date fixed by the Ld. NCLT and we request the Ld. NCLT to hear the matter on the said date and may dispose it of as expeditiously as possible. After the Contempt Petition is decided, the Ld. NCLT may also take up the main petition for hearing as early as possible. With these observations, the appeal is disposed of. All pending application(s) are also disposed of.