Kusum Gupta vs Alkesh Gupta & Anr.

After hearing the arguments of Mr. Vishnu Mohan, the Learned Counsel appearing for the ‘Appellant’ in Comp App (AT) (CH) No.76/2023, the Learned Counsel for the ‘Appellant’, seeks permission from this ‘Tribunal’ to withdraw the instant Comp App (AT) (CH) No.76/2023. Acceding to the said request, the instant Comp App (AT) (CH) No.76/2023 is ‘dismissed as withdrawn’. No costs. The connected pending IA Nos.1015 & 1016/2023 are closed.

Before parting with the case, this ‘Tribunal’ makes it abundantly quite clear that the ‘dismissal’, of Comp. App (AT) (CH) No.76/2023, will not preclude the ‘Appellant’, to file necessary ‘Interlocutory Application’, before the ‘National Comp App (AT) (CH) No.76/2023 Page 1 of 2 Company Law Tribunal’, Chennai Bench and to recall the Impugned Order in CP/138/(CHE)/2022 on the file of the ‘Tribunal’. Since, the ‘Appellant,’ has come out with a plea that the Impugned Order was passed and leaving behind one of the legal heirs Mr. Kushal Gupta of Mr. Arun Gupta, who died on 22.11.2020 and if the said ‘Application’ is filed, within ‘one week’ from ‘Today’, before the ‘Registry’, after scrutiny is to number the same and the said ‘Application’ shall be disposed of, by hearing ‘Petitioner’ / ‘Appellant’ as well as the ‘Respondent’. Because of the fact, that the fraud alleged by the ‘Petitioner’ / ‘Appellant’, the said ‘Order’ shall be passed, within ‘two weeks’ thereafter.

The Learned Counsels are permitted to raise before this ‘Tribunal’ and this ‘Tribunal’, by taking into consideration the pleas, averments made in this regard, pass a reasoned / speaking Order, of course, uninfluenced and untrammelled by any of the observations made by this ‘Tribunal’, in this ‘Appeal’, in the interest of ‘Justice’.