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Judgment
CP 3189 of 2019 has been filed under Section 252 of the Companies Act, 2013 for the revival of the Company M/s. Nagpur Muktiproduct SEZ
Limited by the Income-Tax Department. The Bench notes that this matter had come up for hearing on past 10 occasions, however, nobody appeared
from the Petitioner side. On the last occasion i.e. on 07.01.2021, the matter was put up for dismissal because of non-prosecution.
Today, before the hearing, a message was received by the Counsel representing Income-Tax Department (Mr. Chanderpal) on Whatsapp Group
which reads as follows:
“Serial no.58
Please adjourn and ask private assessee to send me notice in advance and the VC link in advance.
In respect of Serial no.58 Nagpur Mukti Pro...Sez...please note neither the board is available to us in advance, nor any advance intimation
is sent to us and in this manner VC hearings are being held.
I received the causelist and the message today morning when we have several other matters to attend and Further I am not keeping good in
health Also.
As per Covid 19 sop , High Court and Supreme Court orders from time to time. No order can be passed against my client in my absence , I
am appearing for department of income tax.in my absence.
In case it is done so Contempt of Court proceedings will be initiated as well as a Complaint will be filed against the presiding officer. No
exparte order should be passed and I am not responsible for the same in any way. It is the NCLT administration which is flouting the norms
of natural justice and hearing to be given. A damages claim instead can be made out. This is happening repeatedly.â€
During the hearing today, Ms. Lizna Namavati, Advocate, appeared on behalf of Mr. Chanderpal and mentioned that they have not been receiving
any intimation from NCLT regarding the date of hearing, etc. the Bench notes that in the past also Mr. Chanderpal has sent messages saying that this
matter should not be heard in his absence.
This Bench also takes note of highly inappropriate language used in the message sent by Mr. Chanderpal in the Whatsapp Group.
Accordingly, this Bench has decided to dismiss the CP No. 3189 of 2019 for lack of prosecution on the part of the Petitioner.
CP No. 3189 of 2019 is dismissed.