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Judgment
O R D E R
21.11.2022: This Appeal under Section 421 of the Companies Act, 2013 preferred by the Appellant being aggrieved and dissatisfied by the order dated 20.04.2022 passed by the National Company Law Tribunal (Kolkata Bench, Kolkata) in C.P. No. 43/KB/2022 whereby the Tribunal passed the following orders:
“ 3. We have heard the learned Senior Counsel appearing for the petitioners and the learned Authorized Representative appearing for the respondents.
4.At this point of time, after considering the pleading and the hearings, no case is made out for grant of any interim reliefs.
5.The respondents have already filed their affidavit-in-reply to the said petition. Rejoinder be filed within three weeks from today. Copies thereof be served on the Counsel-on-record for the respondents.
6.List the main Company Petition on 15 June 2022.
7.The Registry is directed to sent e-mail copies of the order forthwith to all the parties and there learned Counsel and Authorized Representative for information and for taking necessary steps.
8.Certified copy of this order may be issued, if applied for, upon compliance with all requisite formalities.”
This appeal was filed against the aforesaid orders passed by the Tribunal whereby the Tribunal refused to pass an interim order in the matter. On 31.05.2022, after hearing the parties, this Appellate Tribunal directed the parties not to precipitate in the matter and status quo prevailing as on that day in the matter shall be maintained by the parties and the Appeal was directed to be listed on 23.08.2022 and thereafter, on 16.11.2022. In the meanwhile, Contempt Case (AT) No. 29 of 2022 was filed by the Appellant being aggrieved by the willful, disobedience and intentional disregard of the Contemnors to the order dated 31.05.2022 passed by this Appellate Tribunal.
The Ld. Counsel for the Appellant referred several documents and submits that the Respondents deliberately disobeyed the order of this Tribunal and the claim of the Appellant is valid. On the other hand, the Learned Counsel for the Respondent has also referred several documents and further submits that main petition is still pending before the Tribunal and which is fixed for hearing on 25.11.2022.
After hearing the parties in both the matters, we are not inclined to interfere with the order passed by the Tribunal dated 20.04.2022. In view of the matter, we dispose of the instant Appeal with the request to the Ld. National Company Law Tribunal, New Delhi to expedite the matter and dispose of at an early date. The Ld. Counsel for the parties are at liberty to raise all the issue before the Tribunal.
With these observations, the instant Appeal is disposed of. Consequently, the Contempt Case is also disposed of.
Registry to upload the order on the website of this Appellate Tribunal and send the copy of this order to the National Company Law Tribunal (Kolkata Bench, Kolkata) forthwith.