AI Structured Summary
Not yet generated for this judgment
Judgment
O R D E R
21.11.2022: The Appellants preferred the instant Appeal under Section 421 of the Companies Act, 2013 being aggrieved and dissatisfied by the order dated 03.12.2020 passed by the National Company Law Tribunal (Jaipur Bench) in IA No. 400/JPR/2019 in CP No. 146(ND)/2016 TA No. 23/2018 whereby and whereunder the Application filed by the Respondent herein for extension of time to conduct Annual General Meeting for the financial year ending 31.03.2019 was allowed and the matter was directed to be listed on 21.01.2021.
The Ld. Counsel for the Appellants during the course of argument and in his memo of appeal along with written submissions submitted that certified copy of the Resolution which was filed with the RoC in Form GNL-1 by the Respondent, which forms the basis of the impugned order is a forged and fabricated documents as the said resolution was not on the agenda list nor the same was discussed in the Board Meeting dated 01.09.2019 and no such resolution was ever passed, therefore, the impugned order cannot be sustained in the eye of law, the impugned order is fit to be set aside. Further, he relied on a judgment passed by the Hon’ble Supreme Court in the case of “A.V. Papayya Sastry and Ors. Vs. Government of A.P. and Ors. reported in MANU/SC/1214/2007” wherein paragraph 19 held as follows:
“19.Now, it is well settled principle of law that if any judgment or order is obtained by fraud, it cannot be said to be a judgment or order in law, before three centuries, Chief Justice Edward Coke proclaimed; Fraud avoids all judicial acts, ecclesiastical or temporal. It is thus settled proposition of law that a judgment, decree or order obtained by playing fraud on the Court, Tribunal or Authority is a nullity and non est in the eye of law. Such a judgment, decree or order by the first Court or by the final Court has to be treated as nullity by every Court, superior or inferior. It can be challenged in any Court, at any time, in appeal, revision, writ or even in collateral proceedings.”
The Ld. Counsel for the Respondents during the course of argument and in his memo of appeal along with written submissions submitted that the Annual general Meeting which was held on 24.12.2020 pursuant to the directions of the Tribunal, the Appellant have tendered the Annual General Meeting and report of the Chairman of the meeting has been subsequently filed before the Tribunal discrepancies were recorded during the meeting and no objections were raised by the Appellants to the said report now they are realising that it is a forged and fabricated document. He further submitted that the main application is still pending before the Tribunal and the next date of hearing is fixed in the month of December, 2022.
After hearing the parties, the Impugned order dated 03.12.2020 passed by the National Company Law Tribunal (Jaipur Bench) in IA No. 400/JPR/2019 in CP No. 146(ND)/2016 TA No. 23/2018 is hereby set aside and the matter is remitted back to the National Company Law Tribunal (Jaipur Bench) with a request to hear the parties herein and pass appropriate orders at an early date in view of the fact mentioned in para 12 of the impugned order, the Tribunal discussed the issue regarding entire veracity of this fact cannot be verified without rewinding back to the actual time and site of the meeting and any errors or omissions in recording of minutes of the meeting cannot be ascertained in this situation.
With these observations, the instant Appeal is disposed of.
Registry to upload the order on the website of this Appellate Tribunal and send the copy of this order to the National Company Law Tribunal (Jaipur Bench) forthwith.