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Judgment
ORDER
TA (AT) No.109/2021 (Company Appeal (AT) No.151/2019):
On behalf of the ‘Appellant’ in TA(AT) No.109/2021 (Comp. App (AT) No.151/2019), on the file of this ‘Tribunal’, a ‘Memo’, dated 30.10.2023, was filed before the ‘Office of the Registry’, wherein the ‘Appellant’, has mentioned the following, which is extracted, as under, in a `Tabular Form’:
| Sl. No. | Relief sought in IA | Relief sought in Appeal | Appellant’s submissions before NCLAT |
|---|---|---|---|
| 1. | To punish Dr. Subba Rao (Respondent No. 2 herein) for willful contempt (obstruction of justice) of order dated 27.02.2017. | a) Set aside order dt. 22.04.19 passed by the Ld. National Company Tribunal, Hyderabad Bench in IA No. 52/2018 in CA No. 73/97/HYD/2016; and b) Punish the Contemnor/Respondent No. 2 in accordance with law; and | Appellant is not pressing the relief |
| 2. | To direct Dr. Subba Rao (Respondent No.2 herein) to hand over all the records of the Company under the possession, and control of Dr. Subba Rao (Respondent No. 2 herein) to Chairman / Auditor appointed by this Hon’ble Tribunal. | c)Direct the Contemnor / Respondent No. 2 to forthwith comply with orders dt. 27.02.2017 and 08.03.2018 passed by the Ld. National Company Law Tribunal, Hyderabad Bench in CA No. 73/97/HYD/2016; | Appellant craves leave to seek and agitate this relief in CP No. 385/2019 pending before the Hon’ble NCLT. |
| 3. | To direct the Respondent No. 1 Company to permit Applicant to inspect the records and to obtain copies wherever required both physically and electronically. | d) Direct the Respondents to inspect the records of the Company and obtain copies of the same as required, in any mode both physically and electronically. | Appellant craves leave to seek and agitate this relief in CP No. 385/2019 pending before the Hon’ble NCLT |
From the above said ‘Memo’, dated 30.10.2023, it is evident that the ‘Appellant’, had mentioned that the relief sought for in IA No.52/2018 to punish Dr. Subba Rao (Respondent No.2) vide `Order’, dated 27.02.2017 and in the instant ‘Appeal’, the relief was sought to `Set aside’ Order, dated 22.04.2019, passed by the ‘National Company Law Tribunal’, Hyderabad Bench in IA No.52/2018 in CA No.73/97/HYD/2016 and to punish the ‘Contemnor’ / ‘Respondent No.2’, in accordance with `Law’.
In this regard, the ‘Appellant’, takes a stand that the ‘Appellant’, is not pressing the relief, in the instant ‘Appeal’.
Further, in the ‘Memo’, dated 30.10.2023, the ‘Appellant’, has prayed for a relief, in the instant ‘Appeal’, directing the ‘Contemnor’ / ‘Second Respondent’, to forthwith comply with `Orders’, dated 27.02.2017 and 08.03.2018, passed by the ‘National Company Law Tribunal’, Hyderabad Bench in CA No.73/97/HYD/2016.
In this regard, the Learned Counsel for the ‘Appellant’, craves leave to seek and agitate the relief in CP No.385/2019, pending before the ‘National Company Law Tribunal’.
Added further, the ‘Appellant’, in the instant ‘Appeal’, has also prayed for an issuance of a direction to the Respondents, to inspect the `Records of the Company’, and to obtain `copies of the same’, as required, in any `Mode’, both `Physically’ and `Electronically’.
In this regard, the Learned Counsel for the ‘Appellant’, craves leave to seek and agitate the relief in CP No.385/2019, pending before the ‘National Company Law Tribunal’.
Although, the ‘Petitioner’, in the instant ‘Appeal’, has come out with a ‘Memo’, dated 30.10.2023, that the ‘Appellant’, is not pressing for the relief (as mentioned Supra) in the instant ‘Appeal’, and to punish Dr. Subba Rao, 2nd Respondent for wilful contempt of the `Order’, dated 27.02.2017, this ‘Tribunal’, is of the considered view notwithstanding of the fact that the ‘Memo’, dated 30.10.2023 and consequently in the instant ‘Appeal’, sought leave to seek and agitate the relief in CP No.385/2019 and continuing further, pray for issuance of direction to seek and agitate the relief, before the ‘National Company Law Tribunal’, Hyderabad Bench, this ‘Tribunal’, in an unequivocal and unambiguous term, points out that the Appellant is not pressing the relief sought for Sl.No.1 in the instant ‘Appeal’ and hence, the ‘Appellant’, seeks permission to ‘withdraw’ the ‘Appeal’, since the same has become an ‘Infructuous one’.
Viewed in the above perspective, this ‘Tribunal’, simpliciter ‘Dismisses’, the TA (AT)No.109/2021 (Company Appeal (AT) No.151/2019), as an ‘Infructuous one’ (without granting any Leave to agitate the relief(s) in CP No. 385 / 2019, on the file of the `Tribunal’. No costs. The Connected pending ‘Interlocutory Applications’, are closed.
TA (AT) No.110 / 2021 (Company Appeal (AT) No.153 / 2019):
The Learned Counsel for the ‘Appellant’, in the instant TA (AT) No.110/2021 (Comp. App (AT) No.153/2019), has filed a ‘Memo’, dated 30.10.2023, and the extract of the same in a `Tabular Form’, is reproduced as under:
| Sl. No. | Relief sought in IA | Relief sought in Appeal | Appellant’s submissions before NCLAT |
|---|---|---|---|
| 1. | Direct the approval and adoption of accounts as circulated by the Auditors for the Financial year 2013-14, 2014-15 and 2015-16. | a)Set aside the order dated 22.04.2019 passed by the Ld. National Company Law Tribunal, Hyderabad Bench in IA No.53/2018 in CA No.73/97/HYD/2016 and b)Direct the approval and adoption of financial statements including the Auditor’s report as circulated by the statutory Auditor for FY 2013-14, 2014-15 and 2015-16 and c)Declare that the Chairman appointed by Ld. Tribunal vide order dated 27.02.2017 has become functus officio. | Appellant craves leave to seek and agitate this relief in CP No.385/2019 pending before the Hon’ble NCLT. |
The Learned Counsel for the ‘Appellant’, further states that the ‘Appellant’, in the instant ‘Appeal’, has preferred for relief to `Set aside’ Order dated 22.04.2019, passed by the ‘National Company Law Tribunal’, Hyderabad Bench, in CA No.73/97/HYD/2016 and for issuance of direction, in regard to the approval and adoption of financial statements, including the Auditor’s report as circulated by the ‘Statutory Auditor’ for FY 2013-14, 2014-15, 2015-16 and further, relief has been sought to the ‘Chairman’, appointed vide Order dated 27.02.2017, has become ‘functus officio’, and despite the same, the ‘Appellant’, in the instant ‘Appeal’, through a ‘Memo’, craves leave to seek and agitate the relief in CP No.385/2019, on the file of the ‘NCLT’ / ‘Tribunal’. This ‘Tribunal’, is of the earnest view, that according to the Learned Counsel appearing for the ‘Respondent No.2’, the ‘Appeal’ has become, an ‘Infructuous one’.
Considering the fact, that the instant TA (AT) No.110/2021 (Comp. App (AT) No.153/2019), has become an ‘Infructuous one’ and also this ‘Tribunal’ points out the relief sought for in the ‘Memo’ dated 30.10.2023 and so far, as seeking leave from this ‘Tribunal’, the relief sought for in CP No.385/2019, if not acceded to. However, this ‘Tribunal’, simpliciter is to pass an ‘Order’, in the instant ‘Appeal’, to the effect that the instant ‘Appeal’, has become an ‘Infructuous one’. Accordingly, the instant ‘Appeal’, is ‘Dismissed as Infructuous one’. No costs. The Connected pending ‘Interlocutory Applications’, are closed.
TA (AT) No.113 / 2021 (Company Appeal (AT) No. 200 / 2019):
The Learned Counsel for the ‘Appellant’, in the instant TA (AT) No.113 / 2021 (Comp. App (AT) No.200 / 2019), has filed a ‘Memo’, dated 30.10.2023 and the details of the same in a Tabular Form, is given below:
| Sl.No. | Relief sought in IA | Relief sought in Appeal | Appellant’s submissions before NCLAT |
|---|---|---|---|
| 1. | Take cognizance of and declare that Dr. Subba Rao Pavuluri (R2 herein) has acted in wilful disobedience of the order dated 08.03.2018 passed by this Hon’ble Tribunal and commit Dr. Subba Rao Pavuluri (R2 herein) to civil prison in accordance with Section 12 of the Contempt of Courts Act, 1971. | a)Set aside order dated 16.05.2019 passed by the Ld. National Company Law Tribunal, Hyderabad Bench in IA No.365/2018 in IA No.52/2018 in CA No.73/97/HYD/2016; and b)Punish the contemnor / Respondent No.2 in accordance with law; and | Appellant is not pressing the relief |
| 2. | Direct the Respondents to handover Tally Back Up for the years 2013-14, 2014-15 and 2015-16 along with password (If applicable) and full access to view all the transaction up to voucher entries level. | c)Direct the contemnor / Respondent No.2 to forthwith comply with the order dated 08.03.2018 passed by the Ld. National Company Law Tribunal, Hyderabad Bench in CA No.73/97/HYD/2016; and d)Direct the Respondents to allow Appellant to inspect the records of the Company and obtain copies of the same as required, in any mode both physically and electronically; and | Appellant craves leave to seek and agitate this relief in CP No.385/2019 pending before the Hon’ble NCLT. |
In the instant TA (AT) No.113/2021 (Comp App (AT) No.200/2019), on the file of this ‘Tribunal’, the ‘Appellant’, is so far as the relief sought for `Set aside’ Order, dated 16.05.2019, passed by the ‘National Company Law Tribunal’, Hyderabad Bench in IA No.365/2018 in IA No.52/2018 in CA No.73/97/HYD/2016 and to punish the ‘Contemnor’ / ‘Respondent No.2’, in accordance with `Law’. The ‘Appellant’, comes out with a crystalline stand that she is not pressing the said relief.
Not resting to the above, in the said ‘Memo’, dated 30.10.2023, the ‘Appellant’, had also while seeking relief in the instant ‘Appeal’, for issuance of directions to the ‘Contemnor’ / ‘2nd Respondent’, to forthwith comply with the `Order’, dated 08.03.2018, passed by the ‘National Company Law Tribunal’, Hyderabad Bench in CA No.73/97/HYD/2016 and once again the ‘Appellant’, seeking to agitate the relief in CP No.385/2019, pending before the ‘Tribunal’, this ‘Tribunal’, is of the earnest view that according to the ‘2nd Respondent’, the instant ‘Appeal’, has become an ‘Infructuous one’ and furthermore, the ‘Appellant’ is not pressing for the relief sought for, in the instant ‘Appeal’, hence the ‘Appellant’, is not pressing the relief in the instant ‘Appeal’, seeking permission from this ‘Tribunal’ to ‘withdraw’ the same.
This ‘Tribunal’, taking into account of the Appellant’s contents of the ‘Memo’, dated 30.10.2023, filed before this ‘Tribunal’, in the instant ‘Appeal’, at this juncture, simpliciter, is of the considered view that the ‘Appeal’, has become an ‘Infructuous one’, especially the ‘Appellant’, is not pressing for the relief in the instant TA (AT) No.113/2021 (Comp App (AT) No.200/2019), and accordingly, the said `Appeal’, is ‘Dismissed’, as an ‘Infructuous one’. No costs.
Before parting with the case, this ‘Tribunal’, makes it quite clear that the ‘Appellant’, is not pressing for the relief in TA (AT) No.113/2021 (Comp App (AT) No.200/2019), in respect of one portion in the instant ‘Appeal’. At the same time, the ‘Appellant’, craves leave to seek and agitate the relief in CP No.385/2019, pending before the ‘National Company Law Tribunal’.
Looking at from any angle, the instant ‘Appeal’, has become an ‘Infructuous one’, and recording the same, this ‘Tribunal’ is perforced to ‘Dismisses’, the instant TA (AT) No.113/2021 (Comp App (AT) No.200/2019) simpliciter, as an ‘Infructuous one’ (without granting any Leave to agitate the relief(s) in CP No. 385 / 2019, on the file of the `Tribunal’). No costs. The Connected pending ‘Interlocutory Applications’, are closed.