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Judgment
Heard Mr. Mainak Bose, Ld. Counsel for the Appellant and Ms. Surbhi Anand, Ld. Counsel appearing for Respondent No. 1 to 5.
It is a peculiar appeal which has been filed under Section 421 of the Companies Act, 2013 against one line order passed by National Company Law Tribunal, Kolkata Bench, Kolkata in CP No. 562 (KB)/2020 in IA (Companies. Act)/59(KB) 2022. By the said order Ld. Tribunal has simply adjourned and directed to list the matter on 07.11.2022. It was informed by Ld. Counsel for the appellant that even though the Interlocutory application was filed six months back, the Ld. NCLT is simply deferring hearing the matter. Even on last date i.e. on 07.11.2022 it was adjourned to 29.12.2022.
It was submitted by Ld. Counsel for the Appellant that Appellant No. 1 is old lady aged about 88 years and in the application which was filed before the NCLT a prayer was made for transferring the one-third share on the basis of admission by Respondent. Even thereafter the matter is being delayed.
Be that as it may, we are of the opinion that since by the impugned order, only adjournment was granted, such order may not be treated as assailable order under Section 421 of the Companies Act, 2013.
Accordingly, the Appeal stands dismissed.