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Judgment
Heard Mr. Karan Malhotra, learned counsel for the appellant.
The present appeal has been filed under Section 421 of the Companies Act, 2013 for the following relief:
i) Set aside the resolutions (if passed) at the EOGM to be held on 11.02.2023.
ii) Set aside and quash the order dated February 6, 2023 passed in IA/15/2023 in Company Petition No.98/CTB/2019 by the Hon’ble NCLT, Cuttack.
iii) Pass any other order (s) which this Hon’ble Appellate Tribunal deems fit and proper as per the facts and circumstances of the case.
The order impugned was passed by the NCLT on 06.02.2023 whereby the learned NCLT observed that petition i.e. IA No.15/CB/2023 shall be considered on 27.02.2023 alongwith CA No.42/CB/2022. The facts remain that the learned NCLT has disposed off CP No.98/CTB/2019 on 30.08.2022.
Thereafter the appellant had filed an appeal vide Company Appeal (AT) No.205 of 2022. Similarly another appeal being Company Appeal (AT) No.161 of 2022 was filed by other party. However, this Tribunal did not interfere with the impugned order and both the appeals were disposed off on 25.11.2022.
Thereafter, the appellant herein filed CA No.42/CB/2022 in which applications were filed. However, the learned NCLT has deferred the matter and fixed the date to 27.02.2023. In the meanwhile the present appeal has been preferred. It would be appropriate to reproduce the order dated 06.02.2023 as follows:
CA No. 4/CB/2023:
Ld. Counsel for the applicant present. This is an application filed for urgent listing of CA No. 5/CB/2023. It is noted that the connected matter in CA No. 42/CB/2022 is listed on 27.02.2023, therefore, it is felt that there is no urgency to take the application today. Application is Dismissed.
CA No. 5/CB/2023:
List the matter along with connected matter on 27.02.2023. In the meantime, the opposite counsel to file their objections, if any, within two weeks' time by serving the copy on the applicant side.
IA (Companies Act) No. 14/CB/2023:
Ld. Counsel Mr. S.S. Mohanty appears on behalf of the applicant. This is an application filed for urgent listing of IA No. 15/CB/2023. IA No. 14/CB/2023 is Allowed and IA No. 15/CB/2023 taken on Board today.
IA (Companies Act) No. 15/CB/2023:
Ld. Counsel Mr. S. S. Mohanty is present for the applicant. This is an application filed inter alia seeking for stay on the proposed EOGM of the Company namely, Institute of Gastro & Kidney Care Pvt. Ltd. in CP No. 98/CTB/2019 and certain other reliefs like stay on altering the AOA, MOA of R-1 company for increased of authorised capital, etc. It is noted that CP No. 98/CTB/2019 has already been disposed of on 30.08.2022, after hearing the Ld. Counsel appearing for the applicant, it is felt that outcome of CA No. 42/CB/2022 shall be essential before taking a view on this application Accordingly, this application also to be listed on 27.02.2023 along with CA No. 42/CB/2022.
On examination of the order it appears that the learned NCLT has passed an innocuous order against which the present appeal has been preferred. We think it appropriate not to interfere with the impugned order.
The appellants are at liberty to raise all issues before the Learned NCLT on the date fixed i.e. 27.2.2023.
With above observation the appeal stands dismissed.