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Judgment
O R D E R
01.12.2022: Heard Mr. Satvik Varma, Ld. Sr. Counsel assisted by Mr. Arjun Sheth, Ld. Counsel for the Appellant and Mr. Monish Panda, Ld. Counsel for the Respondent No. 1 & 11.
Since in all the aforesaid three appeals common order has been assailed, all the three appeals were taken together and are being disposed of with this common order.
The Present Appeal under Section 421 of the Companies Act, 2013 has been preferred mainly against an order dated 06.07.2022 passed by the National Company Law Tribunal, Ahmedabad, Court -2 (herein after referred to as ‘NCLT’). By the said order two Interlocutory applications i.e. MA/11 of 2021 and Comp. App/35 (AHM) 2021 were examined. In respect of MA/11 of 2021 wherein request was made for hearing of the Company Petition, the NCLT recorded that since hearing has started the same application stood disposed of.
On Comp. App/35 (AHM) 2021 which was filed challenging the maintainability of the main Company Petition filed under Section 241-242 of the Companies Act, 2013, notice was also directed to be issued to non-applicant/ Respondent No. 1 to 17. Ld. Sr. Counsel for the Appellant submits that the main petition i.e. Company Petition No. 41/2017 is pending since long and one way or the other no final decision has been taken, even though we are in the end of the year 2022.
We are of the opinion that since main petition pertains to the year 2017, it would not be appropriate to examine other issue in this appeal. Instead of examining the correctness of the impugned order, we are of the opinion that the appeal can be disposed of with a direction that the NCLT may take final decision in the matter after hearing all the parties.
Considering the old nature of the main petition i.e. of the year 2017 it is directed that NCLT may proceed expeditiously and decide all the matters including main case preferably within a period of 8 weeks from the date of receipt/ production of the copy of this order.