Tribunals and CommissionsDivision Bench(2025) 01 NCLAT CK 1929

Nizar Hasanali Mawani vs Hanif Gulamali Somji & Ors.

National Company Law Appellate Tribunal · Decided on 17 January 2025

HON’BLE JUDGES
Yogesh Khanna, Member (Judicial) · Ajai Das Mehrotra, Member (Technical)
CASE NUMBER
Comp. App. (AT) No.23 of 2025 & I.A. No.384, 385 of 2025

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Judgment

12 paragraphs · 316 words

17.1.2025 - I.A. No.384 of 2025

This is an application for condonation of delay of one day in refiling the Appeal. Considering the averments made in the application, the delay stands condoned. The application is allowed.

I.A. No.385 of 2025

2.

This is an application for condonation of 11 days’ delay in filing this Appeal. Considering the averments made in the application, the delay stands condoned. The application is allowed.

I.A. No.386 of 2025

3.

This is an application seeking exemption from filing certified copies of the impugned orders and true typed/clearer/annexures with better margins. The application is allowed subject to filing of legible copies within two weeks.

Main Appeal

4.

This Appeal is against an impugned Order dated 21st October, 2024 wherein the hearing of the Company Petitions No.45 to 53 of 2013 were adjourned to 20th as well as 21st January, 2025.

5.

It is the submission of the learned Counsel for the Appellant the Company Petitions No.45 to 53 of 2013 were filed in the year 2013 with arguments advancing since 13th June, 2013 but no interim relief was granted. It is submitted despite several hearings and Bench reconstitutions, the matter remains unresolved till date. It is submitted the Appellant is now 79 years old and is battling severe health issues including prostate cancer and cardiac problems hence requests the learned NCLT be directed to take up the matter at an early date and to hear the arguments and dispose it of in a time bound manner.

6.

We have also heard the learned Counsel for the Respondent.

7.

Considering the above, we request the learned NCLT to take up the matter on the date already fixed i.e. 20th and 21st January, 2025 and hear the arguments and to dispose it of within 8 weeks from the said date.

8.

The Appeal stands disposed of. Pending applications, if any, are also disposed of.