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Judgment
(Hybrid Mode)
Looking to the nature of the order that, has been made as subject matter of challenge in the instant company appeal. As a matter of fact, it doesn’t decide the lis in itself on merits rather its only procedural with regards to the necessity of the parties to the proceedings to diligently take the proceedings before the Ld. NCLT, despite the earlier orders, being passed for deciding the company petition expeditiously, there had been an observation made by the Tribunal in its earlier order that, no further adjournments would be granted. We make it clear that, even if such an order is passed by the Ld. Tribunal observing thereof that no further adjournments will be granted, still owing to unforeseen circumstances if an adjournment is sought or and is granted that, in itself will not give the liberty to the appellate, to invoke the appellate jurisdiction by invoking the appellate provisions contained under Section 421 of the ‘Companies Act’, to challenge the order of this nature, which reads as under:-
Looking into the nature of the order, we are not inclined to interfere in the company appeal, the company appeal stands dismissed. We, however, requests the Ld. NCLT to expedite the proceedings of TP No. 445/KB/2019, and to decide the same as expeditiously as possible, within a period of three months from today. Company Appeal (AT) No. 290 of 2026, accordingly, would stand dismissed.