Tribunals and CommissionsDivision Bench(2023) 06 NCLAT CK 3168

Anuragha Poultries & Breeders Pvt. Ltd. & Ors. vs Mr. Balakrishnan & Ors.

National Company Law Appellate Tribunal, CHENNAI Bench · Decided on 16 June 2023

HON’BLE JUDGES
M. Venugopal, Member (Judicial) · Shreesha Merla, Member (Technical)
CASE NUMBER
IA No.202 of 2023 in Comp App(AT)(CH)No.35/2021 in TCP/171/2021

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Judgment

9 paragraphs · 268 words

ORDER

IA No.202/2023 in CA (AT)(CH)No.35/2021:

Heard the Learned Counsel, Mr.V. Srinivasan for the ‘Petitioner’ / ‘Applicant’, in IA No.202/2023 in CA (AT)(CH)No.35/2021 in TCP/171/2021.

According to the ‘Petitioner’/‘Applicant’, his Mother Mrs.Padmavathy, was the 1st Respondent in the instant ‘Appeal’ and that she died on 23.12.2022, leaving behind the ‘Petitioner’ / ‘Applicant’ and his Father, being the only ‘Legal Heirs’ of the deceased.

As a matter of fact, the Petitioner/ ‘Applicant’s Father, Mr.V.Balakrishnan, already figures as the 2nd Respondent, in the main ‘Appeal’.

Considering the fact, that the ‘Petitioner’ / ‘Applicant’, being one of the ‘Legal Heirs’ of the deceased 1st Respondent, this ‘Tribunal’, keeping in mind, an important fact that the Petitioner/Applicant’s father, Mr.V.Balakrishnan, is already on record, as 2nd Respondent, in the main ‘Appeal’, in the interest of Justice, ‘allows’ the present IA No.202/2023 in CA (AT)(CH)No.35/2021 in TCP/171/2021 (seeking substitution of the ‘Petitioner’ / ‘Applicant’, to come on record, in place of the deceased 1st Respondent). No costs.

Comp App(AT)(CH)No.35/2021:

Consequent to the allowing of IA No.202/2023 (Substitution Application) in CA (AT)(CH)No.35/2021, the Learned Counsel for the Appellant, is permitted to carry out the necessary amendment, to the ‘Appeal Memorandum’,(including the ‘Memo of Parties’) wherever it is found necessary and to submit a ‘clean copy’ of the ‘Memorandum’ of the instant CA (AT)(CH)No.35/2021, within ‘Four weeks’, from ‘Today’, before the ‘Office of the Registry’ (through e-filing) and to serve a copy of the same, to the other side, well in advance, before the next date of ‘Hearing’.

The ‘Office of the Registry’, is directed to ‘List’ the ‘Appeal’ on 28.08.2023, under the caption ‘For Hearing’.