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Judgment
Heard Mr. Anil Panwar, learned counsel for the appellant.
Since we are proposing not to pass any specific order on merit of the appeal, without issuance of notice to the Respondents the appeal can be dispose it off.
The present appeal has been preferred under Section 421 of the Companies Act, 2013 against an order dated 7.12.2022 passed by the National Company Law Tribunal, Chandigarh Bench, Chandigarh. By the aid order learned NCLT has direcrted for issuance of notice to Respondents in the main company petition which was filed under Sections 241-244 of the Companies Act, 2013 and next date in the said matter has been fixed tor 22.02.2023. Learned counsel for the appellant submits that once the appellant herein has filed an application raising the issue of maintainability the learned NCLT was required to first decide the same. However, on going through the impugned order it is not very much clear that whether the NCLT through this order has proposed to consider the preliminary issue or not. Since the next date is fixed to 22.02.2023, it would be advisable for the appellant to appear before the NCLT and raise the issue on the maintainability. We expect that if such an issue is raised by the appellant, the learned NCLT may consider the same and pass appropriate order in accordance with law expeditiously.
With the above observations the appeals stand disposed off.