NRC Employees Union vs Vikas Prakash Gupta & Ors.

In view of the completion of the pleadings, the Office of the Registry is directed to list the matter on 6^th April, 2022 under the caption ‘For Hearing’.

Interim Order dated 04.08.2020 in Company Appeal (AT) (Ins.) No. 662 of 2020 shall continue till the next date of hearing.

The Learned Counsels appearing for the respective parties in the instant Appeal are required to file ‘Additional Citations/Judgments’ which they rely upon in the form of Paper Book containing not more than three to five pages before the Office of the Registry not only through e-filing but also through the hard copy and the copy of the same shall be exchanged between them well in advance before the next date of hearing.

The Registry is directed to list the matter on 6^th April, 2022 under the caption ‘For Hearing’.

Heard both sides in I.A. No. 113 of 2021 (Condone Delay Application) in Company Appeal (AT) (Ins) No. 48 of 2021.

According to the Appellants, the instant Comp. Appeal (AT) (Ins) No. 48 of 2021 is preferred before this Tribunal with a delay of 166 days and according to the Learned Counsel for the Appellant the certified copy of the impugned order dated 13.03.2020 was uploaded on 09.06.2020 in view of the covid -19 lockdown and that the Appellants, workmen of the Corporate Debtor, had no transport facility from Kalyan to Mumbai, to reach the office of the Learned Counsel in connection with the preparation of the instant Appeal. Moreover, the suburban rail service also got hit and it was not started for the utilization for the public etc.

The Learned Counsel for the Appellant brings it to the notice of this Tribunal that the Hon’ble Supreme Court of India by virtue of the Orders dated 23.03.2020, 06.05.2020, 08.06.2020, 06.07.2020 & 10.07.2020 in Suo Moto WP (C) 3 of 2020 in Recognizance for extension of Limitation and directed that the period of limitation in all proceedings, irrespective of the limitation specified under the general law and special laws etc shall stand extended wef 15.03.2020 until further orders to be passed in the said proceedings. Under such circumstances, in the instant case there is 166 days delay which is neither willful, nor wanton but due to the aforesaid reasons.

Taking note of the fact, that the Hon’ble Supreme Court of India in Suo Moto WP (C) 3 of 2020 Recognizance for extension of Limitation categorically had extended the time limit wef 15.03.2020 till further orders and further that this Tribunal bearing in mind that the Appellants have filed the instant Interlocutory Application 113/2021 in Comp. Appeal (AT) (Ins) No. 48 of 2021 seeking the assistance of this tribunal in extending its on of ‘Judicial Generosity’ this Tribunal at this stage, simpliciter, by taking a practical, purposeful, meaningful, pragmatic and rational approach condones the delay to prevent an ‘Aberration of Justice’.

Viewed in that perspective I.A. No. 113/2021 (Condoned delay application is allowed). No costs.

The Registry is directed to list the matter on 6^th April, 2022 under the caption ‘For Hearing’.

The Learned Counsels appearing for the respective parties are required to file ‘Notes of Submissions’ (if not filed earlier) containing not more than three to five pages together with the Citations which they rely upon, before the Office of the Registry not only through e-filing but also through the hard copy and the copy of the same shall be exchanged between them well in advance.

The Registry is directed to list the matter on 6^th April, 2022 under the caption ‘For Hearing’.

Mr. Abhinav Agrawal, Learned Counsel appearing for the Appellant informs this Tribunal that the Appellant is withdrawing the instant Comp. Appeal (Ins) No. 286-287 of 2021 and prays for permission to withdraw the same. Acceding to his said request, the instant Comp. Appeal (AT) (Ins) No. 286-287 of 2021 are dismissed as withdrawn. No costs.

All connected ‘Interlocutory Applications’ pending if any, are closed.