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Judgment
O R D E R
Both the appeals have got checkered history. On number of the dates matter has been adjourned. On one occasion with the consent of both the parties a mediator who was former Judge of the Patna High Court was appointed for settling the dispute between both the parties. Mediation failed. Appellant and Respondents are brothers.
By the last order i.e. order dated 14.03.2023, we had directed to list these appeals under the same caption on today i.e. 04.05.2023 with clear indication that if there is any possibility of settlement the appeal can be disposed of or we may decide to hear the case on merit itself. Today, when appeal was taken up it was intimated by Mr. Gaurav Mitra, Ld. Counsel for the Appellant that again appellants are taking steps for some settlement before the NCLT. NCLT has already fixed the matter to 10.05.2023 and as such he wanted to get the appeal adjourned.
We are of the opinion that since the appellant has also approached the NCLT for settlement and by last order we had given clear cut indication that if settlement arrives this petition can be disposed of; meaning there by that till date it has not been settled and appellant during the pendency of this appeal and also after last order has approached the NCLT for settlement, it would not be appropriate to keep these appeals pending here. In such situation no party can be allowed to pursue two forums at the same time.
Accordingly, we are of the opinion that there is no reason to keep appeals pending here. Both the appeals stand disposed of with observation that if the appellant feels that settlement before the NCLT has not arrived, then he would be at liberty to again approach this Tribunal by filing fresh appeals.
With above observations both appeals are disposed of.