AI Structured Summary
Not yet generated for this judgment
Judgment
(Hybrid Mode)
[Oral Judgment: Justice Ashok Bhushan, (Chairperson)]
Heard Ld. Counsel for the Appellant and Ld. Counsel for the Respondents, this appeal has been filed against the order dated 01.08.2025, passed by NCLT, Hyderabad Bench Court Hall No. II in I.A.NO. 199/2025. On I.A.NO. 199/2025 NCLT passed following order:
"This application has been moved by the Applicant praying for stay of an EGM scheduled to be held on 07.08.2025. Any decision taken will be subject to the outcome of the main Company Petition. Accordingly, this application is disposed of."
Appellant aggrieved by the order has come up in this appeal, it is submitted that in the same company petition earlier, the order were passed by NCLAT on 03.07.2025 & 04.07.2025. Ld. Counsel for the Respondent submits that the order dated 04.07.2025 was passed not in the present company petition but on a different company petition. It is submitted that on 03.07.2025 order was passed in present company petition. The submission is that the EGM was going to held on 07.08.2025 is respect to which C.A.NO. 199/2025 was filed, various reliefs has been prayed by the Applicant. The Ld. Adjudicating Authority passed the impugned order, observing that "any decision taken will be subject to the outcome of the main company petition". The submission is that none of the prayers made were considered and Applicant was also in view of the above order, precluded to file a fresh application challenging the outcome of EGM, which took place on 07.08.2025.
Ld. Counsel for the Respondent submitted that with respect to the AGM held on 07.08.2025 the DIR-12 has already been registered under the directions of the Regional Directors.
After having heard the Ld. Counsel for the parties and perusing the records we are of the view that, in the ends of justice be served by giving liberty to the Appellant to file a fresh application with respect to the EGM which had taken place on 07.01.2025, With respect to the decision taken in the EGM 07.08.2025, if Appellant feels itself aggrieved by any of the decision, the impugned order passed on 01.08.2025 shall not in any manner preclude the Appellant to pursue any such application and Ld. NCLT shall consider the application and decide the same in according with law without being influenced by any observation made in the order 01.08.2025.
With the aforesaid liberty, the company appeal is disposed of.