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Judgment
O R D E R
04.08.2022: This order shall dispose of six appeals bearing CA (AT) No. 119 of 2022, CA (AT) No. 122 of 2022, CA (AT) No. 128 of 2022, CA (AT) No. 129 of 2022, CA (AT) No. 130 of 2022 and CA (AT) No. 131 of 2022 as the issue involved in these appeals are common.
Shorn of unnecessarily details, it is an admitted fact that these appeals have been preferred against ex-parte ad-interim injunction and the parties to the lis (Respondents therein) are on notice. It is also an admitted fact that the main petition bearing CP No. 62/224/PB/2022, from which all these appeals have arisen is fixed for hearing today before the National Company Law Tribunal, Principal Bench, New Delhi.
Ld. Sr. Counsel appearing on behalf of the Appellants in these appeals have vehemently argued that there is violation of principle of natural justice ad-interim injunction has been issued without granting any opportunity of hearing. It is also submitted that the order of injunction also deserves to be set aside on merits.
At this stage, Ms. Chetana Kandpal, Company Prosecutor, has put in appearance on behalf of the MCA and submitted that the relief which is being sought in these appeals can be granted by the Tribunal where the matter is pending.
We have heard Counsel for the parties and after perusal of the record, are of the considered opinion that these appeals, at this stage are not maintainable, in view of the fact that the Respondents are on notice of ex-parte injunction and the matter is listed today before the Tribunal where the present Appellants can raise their grievances in respect of all the issues which are being projected before us. We, thus, request the Tribunal to consider all the issues which are proposed to be raised by the Counsel for the parties in the present appeals.
We would further request the Tribunal that keeping in view the issue that the accounts have been frozen, to decide the application for stay today itself and in case, it is not possible, then by granting day to day hearing.
The registry is directed to send this order to the concerned Tribunal forthwith through Dasti for information.