Tribunals and CommissionsFull Bench(2019) 08 NCLAT CK 0006

M/s. Umiya Builders And Developers & 2 Ors. vs Jitendra Virwani & Ors.

National Company Law Appellate Tribunal · Decided on 2 August 2019

HON’BLE JUDGES
S.J. Mukhopadhaya, J · A.I.S. Cheema, J · Kanthi Narahari, Member (Technical)
RESULT
Disposed Off
CASE NUMBER
Company Appeal (AT) No. 144, 179 Of 2019

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Judgment

5 paragraphs · 161 words
1.

Learned counsel for the Appellant submits that the Appellant was allowed to withdraw the appeals with liberty to raise all contentions and issues before the Tribunal where application u/s 241 and 242 preferred by Respondent - 'Jitendra Virwani' is pending consideration.

2.

Dr. U.K. Chaudhary, Learned Senior Counsel appearing on behalf of 1st Respondent submits that Respondent has 19.83% of total shareholding as on the date of filing of petition and further submits that he has no objection if the appeal is allowed to be withdrawn for immediate decision pending before the Tribunal.

3.

In the facts and circumstances, we allow the Appellant to withdraw the appeal leaving all the contentions and issues to argue before the Tribunal which may be decided at the stage of final hearing uninfluenced by the decision made in the Impugned order.

Parties are expected not to ask for unnecessary adjournment and co- operate with the Tribunal.

Both the appeal(s) stands disposed of as withdrawn.