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Judgment
Vijay Kumar Shukla, J
In the instant petition, a challenge has been made to the communication dated 03.06.2023 issued by the Chief Judicial Magistrate, Indore directing the petitioner firm to vacate and hand over the subject properties within the period of seven days. The aforesaid communication has been issued in compliance to the order passed by National Company Law Tribunal (NCLT), Indore.
Learned counsel for the respondent/state raises preliminary objection regarding maintainability of the petition on the ground that the impugned communication has been issued in compliance to the order passed by NCLT, Indore and alternative and efficacious remedy of appeal is available to the petitioner before the National Company Law Appellate Tribunal (NCLAT) constituted under section 410 of the Companies Act.
Learned counsel for the petitioner submits that the NCLAT is not functioning upto 02.07.2023 and therefore, the petitioner may be given protection till then so that he can avail the alternative remedy.
After hearing learned counsel for the parties, the present petition is permitted to be withdrawn with liberty to the petitioner to avail the statutory remedy of appeal against the order of NCLT in accordance with the law. Since the NCLAT is not functioning till 02.07.2023, the status quo in respect of the possession of the subject properties shall be maintained by the parties till 2. 07.2023.
It is made clear that this court has not considered the case of the petitioner on merits.
The petition is disposed off with the aforesaid liberty.