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Judgment
ORDER
07.02.2023: Heard Mr. Karthik Seshadri, the Learned Counsel appearing for the ‘Petitioner’ / ‘Appellant’ in IA No.53 in Comp. App. (AT)(CH) No.8/2023.
According to the ‘Petitioner’ / ‘Appellant’, the instant Comp. App. (AT)(CH) No.8/2023 is filed with a ‘Delay of 26 Days’ on 12.12.2022, which is ‘45 Days’, from the date of the ‘Impugned Order’ dated 28.02.2022, passed by the National Company Law Tribunal, Kochi Bench, Kerala, in CP/10/KOB/2021.
The reason attributed on behalf of the ‘Petitioner’ / ‘Appellant’, for the occurrence of ‘Delay of 26 Days’, is that the ‘Petitioner’ / ‘Appellant’, resides in the United Kingdom, and the ‘Constituted Attorney’, being in Kerala State, it took some time for collating information for the purpose of filing the present Comp. App. (AT)(CH) No.8/2023.
This ‘Tribunal’, on going through the ‘averments’, made in IA No.53 in Comp. App. (AT)(CH) No.8/2023, and also, on being subjectively satisfied as to the reasons ‘assigned’, on behalf of the ‘Petitioner’ / ‘Appellant’, at ‘Paragraph No.3.2 of the ‘averments’, made in IA No.53 in Comp. App. (AT)(CH) No.8/2023, exercising its ‘Judicial Discretion’, and also, by adopting ‘Liberal’ and ‘Lenient’ approach, ‘condones’, the ‘Delay of 26 Days’, in preferring the instant Comp. App. (AT)(CH) No.8/2023.
Viewed in the above perspective, IA No.53 in Comp. App. (AT)(CH) No.8/2023, is ‘Allowed’. No Costs.
ORDER
07.02.2023: After arguing for quite some time, Mr. Karthik Seshadri, the Learned Counsel for the ‘Appellant’, fairly seeks, ‘permission’, from this ‘Tribunal’, to ‘withdraw’, the instant Comp. App. (AT)(CH) No.8/2023. Acceding to his said request, the instant Comp. App. (AT)(CH) No.8/2023, is ‘dismissed’ as ‘withdrawn’. No Costs. The connected IA No.54/2023 (For ‘Exemption) and IA No.55/2023 (For ‘Stay’) are Closed.
Before parting with the Case, this ‘Tribunal’, grants ‘permission’, to the ‘Appellant’, to approach the National Company Law Tribunal, Kochi Bench, Kerala, by filing a necessary ‘Interlocutory Application’, stating out the ‘relevant necessary facts’ and point out that the ‘Appellant’, was not ‘Heard’, at the time of ‘Passing’, of the ‘Impugned Order’, in CP/10/KOB/2021 dated 28.02.2022, by the National Company Law Tribunal, Kochi Bench, Kerala. The said ‘Petition’ / ‘Application’, shall be filed by the ‘Appellant’, within ‘Five Days’ from ‘Today’ before the National Company Law Tribunal, Kochi Bench, Kerala, and in the event of filing of the ‘same’, by the ‘Appellant’, then, the ‘National Company Law Tribunal, Kochi Bench, Kerala’ shall ‘Number’ the same, if it is otherwise in Order’, and to ‘dispose of’, the said ‘Interlocutory Application’, on ‘Merits’, of course, after providing, ‘enough’ / ‘adequate opportunities’, to both the ‘Parties’, by adhering to the ‘Principles of Natural Justice’, in a ‘Fair’, ‘Just’ and in a ‘Dispassionate Manner’, of course, uninfluenced, untrammelled, in any of the ‘Observations’, made by this ‘Tribunal’, in the instant Comp. App. (AT)(CH) No.8/2023.
The ‘Liberty’ is granted to the ‘respective parties’, to raise all ‘Factual and Legal Pleas’, before the ‘‘National Company Law Tribunal, Kochi Bench, Kerala’, at the time of ‘Hearing’ of the ‘Application’ / ‘Petition’, to be filed by the ‘Appellant’, before the National Company Law Tribunal, Kochi Bench, Kerala.