AI Structured Summary
Not yet generated for this judgment
Judgment
O R D E R
20.09.2023: The present Appeal has been filed under Section 421 of the Companies Act, 2013, against an order dated 16.06.2023, passed by the National Company Law Tribunal, Chandigarh Bench, Chandigarh, (herein after referred to as NCLT) in CA No. 18/2023 in CP No. 2/Chd/Hry/2023. For better appreciation it is necessary to reproduce the impugned order as follows:
“CA No. 18/2023
The present petition has been filed under Sections 241, 242 and 244 of the Companies Act, 2013. Written submissions on maintainability have been filed vide diary No 2976/01 dated 13.01.2023. The same are taken on record. The petitioner No.2 is claiming 50% of the shareholding in the respondent No.7 Company. Instances of mismanagement and oppression are alleged against respondent Nos.1, 2 and 3 directors in respondent No.7 Company. It is alleged that respondent Nos.1, 2 & 3 are bent upon to sale the immovable assets of respondent No.7 causing irreparable loss to the petitioners. Keeping in view the facts mentioned in the application, let the notice be given to the respondents. Heard. Issue notice of this application to the respondent(s). The applicant shall collect the notices from the Registry and send the same by speed post as well as by e- mail, if available, immediately to the respondent(s) at their registered address attaching therewith copy of the application and the entire paper book and the copy of this order.
In case, the service of speed post on the aforesaid respondent(s) is not effected, the applicant shall adopt the mode of substituted service and the notice of hearing be advertised in two daily newspapers (one English and one Hindi) having wide circulation in the area.
The applicant shall file affidavit of service supported by postal receipt, tracking report, paper clippings and copy of e-mail within two weeks.
Reply be filed within two weeks after receipt of notice with a copy in advance to the counsel opposite. Rejoinder thereto, if any, be filed two weeks thereafter with a copy in advance to the counsel opposite.
In the meantime, status quo regarding alienation of the immovable assets of respondent No.7 Company and status quo regarding shareholding be also maintained
List on 25.09.2023
CP No. 2/Chd/Hry/2023
List the matter on 25.09.2023”.
The appeal has been filed belatedly and as such an application for condonation of delay has been filed vide I.A. No. 4160 of 2023. In filing the appeal 10 days delay has occurred.
Since we are intending to permit the Appellant Counsel to withdraw the appeal, without issuing any notice to the other side, we propose to condone the delay in filing the appeal on the ground set forth in the Interlocutory application. We are satisfied with the reason, assigned in the application for condonation of delay. Accordingly, delay is condoned.
Perusal of the aforesaid order dated 16.06.2023, which has been impugned in the present appeal makes it clear that while passing a status quo order the Ld. NCLT has directed for issuance of notice and next date is fixed to 25.09.2023.
In such view of the matter we permit the appellant to withdraw this appeal with liberty to file appropriate application before the NCLT forthwith so that on the next date fixed before the NCLT, the Ld. NCLT may examine the same and pass appropriate order in accordance with law.
It goes without saying that we have not recorded any opinion on the merit of the case.
With above observation, the appeal stands dismissed as withdrawn.