Tribunals and CommissionsDivision Bench(2025) 01 NCLAT CK 1930

Ayush Gupta & Anr. vs Vino Infratech Pvt Ltd & Ors

National Company Law Appellate Tribunal · Decided on 21 January 2025

HON’BLE JUDGES
Yogesh Khanna, Member (Judicial) · Ajai Das Mehrotra, Member (Technical)
CASE NUMBER
Company Appeal (AT) No.25 of 2025

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Judgment

8 paragraphs · 330 words

21.01.2025: This appeal is against an impugned order dated 08.01.2025 wherein the Cont.P/1(M)/2024, CA.13/MP/2024, CA/14/MP/2024 were all adjourned to 12.02.2025. The submission of the learned counsel for the appellant is in the wake of an order dated 11.12.2024 wherein the Respondents have been directed not to resort to sale of the property and not to create any third party interest therein till the disposal of the main Company Petition No.4 of 2024, the respondents are going ahead with sale.

2.

It is the submission of the learned counsel for the appellant despite the order dated 11.12.2024 there has been a Board Meeting conducted on 02.01.2025 wherein the Respondents have sought an approval/confirmation to ratify the decision taken of sale of agricultural land. It is argued that now the EOGM is to be held on 27.01.2025 in defiance of the order dated 11.12.2024.

3.

It is argued by the learned counsel for the appellant upon this contempt the appellants moved applications aforesaid before the Ld. NCLT but vide order dated 08.01.2025 the contempt petition /applications were adjourned to 12.02.2025 and thus it would enable the respondent to carry out the sale as is proposed in the EOGM to be held on 27.01.2025.

4.

Learned counsel for the Respondent though submits the subject land has already been sold, but the appellant says such sale has been declared to be null and void.

5.

Learned counsel for the Respondent, however, admits such applications are listed on 12.02.2025 and in the wake of apprehensions raised the Respondents would defer the EOGM till after the application No.1/2025 is taken up and decided by the Ld. NCLT.

6.

Considering the submission made we dispose this appeal by requesting the Ld. NCLT to take contempt petition on 12.02.2025 and to hear it and dispose it of expeditiously preferably within four weeks and till such decision, the EOGM as agreed stand deferred.

7.

The appeal stands disposed of in view of above.

8.

Pending applications are disposed off.