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Judgment
O R D E R
Heard Mr. Ratnanko Banerjee, Ld. Sr. Counsel assisted by Mr. Anusuya Salwan, Ld. Counsel for the Appellant. Mr. Rachit Wadhwa, Ld. Counsel appearing on behalf of Respondent No. 12 requests for granting some time for filing reply to the Memo of Appeal. He is permitted to file the same. Ten days time is granted for filing reply. The appeal is already directed to be listed on 01.09.2023. Accordingly, Ld. Counsel for the Appellant is granted further ten days time from the date of filing of the reply for filing rejoinder, if any.
The present appeal was presented on 31.10.2022. Since there was a delay in filing appeal, a delayed condonation petition was filed. The delay was condoned by order dated 15.05.2023. However, since rejoinder was not filed within time, by order dated 15.05.2023, we granted further time for filing rejoinder and case was directed to be listed on 01.09.2023. It was informed by Mr. Banerjee, Ld. Sr. Counsel for the Appellant that in compliance with order dated 15.05.2023 he has already filed rejoinder. The appeal was required to be finally adjudicated on the next date i.e. 01.09.2023. However, in the meanwhile the appellant filed an Interlocutory application i.e. I.A. No. 2767 of 2023 for passing some interim relief. Ld. Sr. Counsel for the Appellant tried to persuade the court that even before the NCLT while the matter was pending there was interim protection and as such he requests for granting some protection during the pendency of the appeal. Our attention was also drawn to number of orders passed by the NCLT to show that earlier interim protection was given. However, it is not in dispute that interim protection had to come to an end after the impugned order was finally passed. The impugned order was assailed before this tribunal however earlier no interim protection was granted and as such once date is fixed i.e. 01.09.2023, we propose that on the date fixed we may decide the appeal on its own merit and as such at this juncture, there is no need to pass any interim order.
I.A. No. 2767 of 2023/petition stands disposed of.