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Judgment
Heard Ms Shilpi Chowdhary, learned counsel for the appellant as well as Ms Ranu Purohit, learned counsel for Respondent No.1 and 2.
Despite valid service of notice except Respondent No.1, 2 and 7, other respondents have not appeared. The present appeal has been preferred under Section 421 of the Companies Act, 2013 against an interim order dated 11.12.2020 passed in CP No.34 of 2020 by National Company Law Tribunal, Ahmedabad Bench, Court 2, Ahmedabad (hereinafter referred to as ‘NCLT’). By the said order learned NCLT in a petition filed under Section 241-242 of the Companies Act has passed an interim order in favour of the Respondent No.1 herein and directed Respondent No.5 and 6 (Banks) before the NCLT to allow the Respondent No.1 herein to operate the company’s account for its day to day working and it was further directed not to give any effect to the board resolution passed on 19th August, 2020. Though the present appeal was firstly taken up on 17.02.2021 no interim order was passed in favour of the appellant. Meaning thereby that the interim order passed by the NCLT is still operative. The main petition was filed by the Respondent No.1 and 2 before the NCLT raising question of oppression and mismanagement of the company i.e. Respondent No.6 herein/M/s Ambrosia Remedies Pvt Ltd. The main petition was filed in the year 2020 before the NCLT and interim order is still continuing.
At the time of hearing learned counsel for both the parties agreed for disposal of the present appeal if a direction is issued to the NCLT to take final decision in the main petition i.e. CP No.34/2020.
Accordingly with the consent of both the parties instead of going into merit of the appeal the appeal is disposed of with a request to Learned NCLT to take final decision in the main CP within a period of three months. Learned counsel for both the parties have agreed to render full cooperation and assistance to the NCLT for disposal of the appeal within time frame. Accordingly the matter is remitted back to the NCLT with a request to take final decision in CP No.34/2020 within a period of three months from the date of production/receipt of a copy of this order. All the parties are directed to render full assistance to the Tribunal for disposal of CP No.34/2020 within the time frame. Liberty is granted to the appellant that in case despite his best efforts the main petition is not decided within three months, the appellant will be at liberty to assail the impugned order dated 11.12.2020 by filing fresh appeal.
With the above observation the appeal stands disposed off.