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Judgment
O R D E R
18.05.2022: The Appellant has preferred this Appeal being aggrieved and dissatisfied by the order dated 14.02.2022 passed by the National Company Law Tribunal (Allahabad Bench, Prayagraj) in MA No. 23/ALD/2021 and CA No. 360/ALD/2019 in CP No. 154/ALD/2019 whereby and where under the NCLT passed the following orders:
“ 12. MA No. 23/ALD/2021 shall stand disposed of with the above directions.
CA No. 360/ALD/2019
13.In this application, which has been filed in the year 2019, the applicants/petitioners sought certain interim reliefs which inter alia include stock audit to be carried out and to sell the marketable portion of the stock of the medicines kept at warehouse. The interim relief is also sought as regard to the status quo to be maintained with respect to the directorship of the applicants/petitioners.
14.In our view, as main CP is going to the heard de novo, we do not find any merit in keeping this CA on board, as two prayers relating to stock audit and sale of stock of medicines have become infructuous due to lapse of time. As regards status quo of directorship, the same can be taken care of during the course of hearing of main petition, and no orders are warranted at this stage.
15.In view of this, this CA No. 360/2019 stans dismissed.
16.List the main CP for hearing on 23.03.2022 after completion of pleadings therein.”
The Learned Counsel for the Appellant informs that on 23.03.2022 the matter was adjourned to 04.07.2022.
The Ld. Counsel for the Appellant referred to page 36 of the Appeal Paper Book and submitted that on 20.05.2019 notice was issued to the Respondent in the matter before the Tribunal not to the present Appellant, therefore, he could not file reply affidavit.
From the perusal of the reliefs portion in the memo of Appeal at page 23 which is hereunder:
“To set aside the impugned order dated 14.02.2022, passed by (National Company Law Tribunal, Allahabad Bench, Prayagraj, (Adjudicating Authority) in M.A. No. 23/ALD/2021 in CP No. 154/ALD/2019 titled as Pradeep Kumar Tiwari Vs. Dastak healthcare Pvt. Ltd., to the extent that the Learned Tribunal has imposed the cost of Rs. 4 LAC upon the appellant; Any other or further relief, which this Hon’ble Court may deem fit and proper, may also be granted to the Appellant.”
The Appellant has only come up before this Appellate Tribunal for condoning the cost of Rs. 4 Lac. imposed by the Tribunal.
The Ld. Counsel Mr. Geet Ahuja appears on behalf of the Respondent Nos. 6 and 7 submits that there is no illegality in the impugned order and also no merit in the present Appeal.
After hearing the parties and having gone through the records, we do not find any illegality in the impugned order. Accordingly, the impugned order dated 14.02.2022 passed by the National Company Law Tribunal (Allahabad Bench, Prayagraj) in MA No. 23/ALD/2021 and CA No. 360/ALD/2019 in CP No. 154/ALD/2019 is hereby affirmed. The Appeal is dismissed.
Registry to upload the Order on the website of this Appellate Tribunal and send the copy of this Order to the National Company Law Tribunal (Allahabad Bench, Prayagraj), forthwith.