Tribunals and CommissionsDivision Bench(2024) 08 NCLAT CK 1392

Dr. Sunny Davis Ayyala vs Mr. Mudumala Issac Abhilash & Ors.

National Company Law Appellate Tribunal, CHENNAI Bench · Decided on 19 August 2024

HON’BLE JUDGES
Sharad Kumar Sharma, Member (Judicial) · Jatindranath Swain, Member (Technical)
CASE NUMBER
Company Appeal (AT)(CH) No.47/2024 (IA No.783/2024) (IA No.784/2024) and Company Appeal (AT)(CH) No.48/2024 (IA No.785/2024) (IA No.786/2024)

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Judgment

9 paragraphs · 466 words

ORDER

Company Appeal (AT)(CH) No.47 of 2024

In this Company Appeal (AT)(CH) No.47 of 2024, the basic argument of the Learned Counsel for the Appellant is that the remuneration which has been directed to made payable to the Members of the Committee, has been enhanced disproportionately, without any plausible reasons, which is falling heavenly on the resources of the hospital. The Counsel for the Appellant presses the interim Relief Application i.e. IA No.784/2024, contending thereof that the remuneration thus directed to be made possible may be reduced forthwith. This nature of interim relief may not be possible to be granted at an interim stage because it would amount to be a final relief.

Ultimately, the Learned Senior Counsels appearing for the parties are at a consensus, that in case an appropriate direction is issued to the Adjudicating Authority which is seized with the Company Petition, to decide the CP within a period of two months, it will suffice for the present purpose.

Owing to the aforesaid consensus, between the Counsels for both the parties, this Company Appeal (AT)(CH) No. 47 of 2024, would stand disposed of with a request to the Learned Adjudicating Authority seized with the Company Appeal (AT)(CH) No.47 of 2024, to decide the same as expeditiously as possible but not later than two months from the date of production of certified copy of this order. Subject to the above, the Company Appeal would stand disposed of.

Company Appeal (AT)(CH) No.48 of 2024

This Company Appeal (AT)(CH) No.48 of 2024, the basic argument of the Learned Counsel for the Appellant is that the remuneration payable to the Members of the Committee has been enhanced disproportionately which is falling heavenly on the exchequers of the hospital. The Counsel for the Appellant presses the interim Application IA No.786/2024 contending thereof that the remuneration may be reduced forthwith. This nature of interim relief may not be possible to be passed at an interim stage because it amounts to be a final relief.

Ultimately, the Learned Senior Counsels appearing for the parties are at a consensus, that in case an appropriate direction is issued to the Adjudicating Authority which is seized with the Company Petition, with a request to decide on the C.P. the same may be requested within a period of two months, it will suffice for the present purpose.

Owing to the aforesaid consensus, between the Counsels for both the parties, this Company Appeal (AT)(CH) No. 48 of 2024, would stand disposed of with a request to the Learned Adjudicating Authority seized with the Company Appeal (AT)(CH) No.48 of 2024, to decide the same as expeditiously as possible but not later than two months from the date of production of certified copy of this order. Subject to the above, the Company Appeal would stand disposed of.