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Judgment
(Hybrid Mode)
This is a strange appeal against the order of Ld. NCLT, Amaravati in Rule 63 Appeal/6/2026, where the appellant had moved the Ld. NCLT under Rule 63 of the NCLT Rules, 2016, the plea that though the petition he has taken up under Section 213 of the Companies Act before the registry of Ld. NCLT has been cured of all the defects, he still has some problem in having the petition numbered and being taken on record and that, if it is in order, the registry may be directed to number the petition without raising multiple and repeated objections, to meet the ends of justice and to let the preliminary inquiry and adjudication start against the respondents.
The Ld. NCLT, however, by passing the impugned order, has non-suited the appellant even as to the maintainability of the petition under Section 213 of the Companies Act on the ground that the same is an extraordinary remedy.
The learned counsel for the appellant submits that the Tribunal below has not even heard the appellant on the issue of maintainability, which at any rate can be taken up only after the petition is numbered.
We peruse the terse order of Ld. NCLT and find merit in the same. Accordingly, we allow this appeal, set aside the order of the Ld. Tribunal and remand the matter back to the Ld. Tribunal with the direction that the Ld. NCLT may consider the plea of the appellant within the ambit of Rule 63 of the NCLT Rules, 2016. Any issue as to the maintainability may be taken up by the Ld. Tribunal thereafter, and after putting the appellant on notice.