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Judgment
Ritu Raj Awasthi, CJ
Heard.
This intra-Court appeal has been filed challenging the judgment and order dated 03.03.2022 passed in Writ Petition No.3658/2022.
Learned Senior Advocate appearing for the appellant submits that since the appellant has moved an application for intervenor before the National Company Law Tribunal (for short ‘NCLT’), it should be heard and decided.
The learned Single Judge has failed to appreciate that the application preferred by the appellant/petitioner which needs to be decided before the case is admitted by the NCLT.
Be that as it may, we are of the considered view that the intervenor has no right to be heard. It is for the Court to consider and allow the intervenor to be heard in a case, if finds it necessary. The learned Single Judge has left it to the discretion of the NCLT to consider the application of intervenor in accordance with law.
The writ appeal is as such disposed of with the observations that in case any intervenor application is pending before the NCLT, it will be at the discretion of the NCLT to consider and decide the same before it may proceed to admit the case.