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Judgment
O R D E R
I.A. No. 935 of 2023 has been filed in Company Appeal (AT) No. 65 of 2019 by the Applicants / Respondent Nos. 2 to 7 with following prayer:
“a)Reopen the captioned Appeal for hearing which was closed vide order dated 28.02.2023 passed by this Hon’ble Tribunal for proper adjudication in the interest of justice, and
b)Any other order which this Hon’ble Tribunal deems fit and proper under the facts and circumstances of the may kindly be passed in favour of the Respondent Nos. 2-7 and against the Appellant.”
The Ld. Sr. Counsel for the Appellant, Ld. Sr. Counsel for Respondent No. 1, Ld. Sr. Counsel for Respondents No. 2 to 7, Ld. Counsel for Respondent No. 8, Ld. Sr. Counsel for Respondent No. 9 and Ld. Sr. Counsel for Respondent No. 10 are present.
From the perusal of the orders dated 06.02.2023 passed by this Bench reveals that hearing on behalf of the Appellant was concluded and further Mr. Mandeep Kalra, Advocate for Respondent No. 1 and 10 submitted that he has engaged Senior Counsel to argue the matter. Further, Mr. Vaibhav Yadav, Advocate appeared on behalf of the Respondent Nos. 2 to 7 and Mr. Akash Kundu, Advocate for Respondent No. 9 submitted that he adopts the submissions made by the Ld. Sr. Counsel for the Appellant and the matter was directed to be listed on 28th February, 2023 at 02:00 PM and further interim order was continued and further it was also made clear that the Ld. Counsel for the Respondent No. 1 and 10 was to make all alternative arrangement to argue the matter on the next date.
The instant Appeal was taken up on 28.02.2023, on that date the Ld. Counsel for the Respondent No. 1 and 10 appeared and prayed for adjournment but this Bench in view of the earlier order dated 06.02.2023, concluded the hearing and directed all the parties to file their hard copy of written submissions/additional written submissions along with relevant case laws, if any, within one week and judgment was reserved. Thereafter, I.A. No. 935 of 2023 was filed for reopening the hearing in the Company Appeal (AT) No. 65 of 2019.
Heard the Ld. Sr. Counsel for the Applicants and Ld. Sr. Counsel for the Appellant.
With consent of the parties, the I.A. No. 935 of 2023 is hereby allowed. List the Company Appeal (AT) No. 65 of 2019 ‘For Hearing’ on 27th March, 2023 at 02:00 PM.
It is made clear that arguments on behalf of Ld. Sr. Counsel for the Respondents must be concluded on the next date of hearing.
Interim order to continue.