Tribunals and CommissionsDivision Bench(2025) 03 NCLAT CK 1522

Major Atul Dev (Retd.) & Ors. vs Union Of India & Ors.

National Company Law Appellate Tribunal · Decided on 28 March 2025

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Arun Baroka, Member (Technical)
CASE NUMBER
I.A. No. 1262 of 2025 in CA (AT) No. 93 of 2022

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Judgment

8 paragraphs · 286 words

28.03.2025: IA. No. 1262, 1263 of 2025- This is an application filed on behalf of Applicant praying for following reliefs:

“a. Extend the time period granted to the MCA-Nominated GC until all the issues highlighted hereinabove and in the Impugned Order of the Ld. NCLT are addressed and the affairs of the Club are remedied in compliance with law;

b. Pass any other order(s) or direction(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the present case and in the interest of justice”.

This Tribunal by its Judgment dated 21.10.2024 has decided CA (AT) No. 93 and CA (AT) No. 141 of 2022 finally after hearing all the parties. It has been brought to our notice that Civil Appeal No(s). 395 of 2025 has been filed challenging the said Judgment before the Hon’ble Supreme Court. Hon’ble Supreme Court vide order 27.01.2025 has passed the following order:

“I.A. No. 12584 of 2025, Application for deletion of proforma Respondent Nos. 4 to 19 is allowed at the risk and cost of the petitioners. At this stage, learned Counsel, who are on caveat on behalf of Respondent Nos. 1 and 2, accept notice and waive service. Issue notice to Respondent No. 3 returnable in six weeks”.

Hon’ble Supreme Court having already issued notice.

In view of the appeal being entertained by Hon’ble Supreme Court against our Judgment dated 21.10.2024, we are of the view that this application praying for extension of time need not be entertained by this Tribunal. It is open for the Appellant/Applicant to pray for such relief as permissible in accordance with law in the pending appeal before the Hon’ble Supreme Court.

With these observations, we dismiss the application.