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Judgment
Heard Mr. Arvind Kumar Gupta, Ld. Counsel for the Appellant as well as Mr. P.V. Kapur, Ld. Sr. Counsel assisted by Mr. Saurabh Kalia, Ld. Counsel who has appeared on advance notice on behalf of Respondent No. 2 & 3.
The present appeal has been preferred under Section 421 of the Companies Act, 2013 in which three orders have been assailed i.e. order dated 13.07.2023, 26.07.2023 and 09.08.2023 passed by National Company Law Tribunal, New Delhi, Court-V (herein after referred to as NCLT) in CP No. 126/241/242/ND/2023. The Appellant has filed the petition under Section 241-242 of the Companies Act which has been numbered as CP No. 126/241/242/ND/2023. We are not recording anything as to what relief has been sought for but in the main petition interim relief was also sought for.
However, it has been alleged by Ld. Counsel for the Appellant that in the main petition till date no notice has been issued to all the Respondents nor any order has been passed on the interim relief sought for by the Appellant and as such he has assailed all the three orders. Before proceeding it is necessary to reproduce all these three orders i.e. order dated 13.07.2023, 26.07.2023 and 09.08.2023 which are as follows:
“CP-126/241-242/ND/2023:-
This is a petition filed under Section 241-242 of the Companies Act, 2013 alleging operation and mismanagement by the Respondent. Ld. Sr. Counsel appears on behalf of Respondent Nos. 2 to 5 and accept notice on behalf of Respondent Nos. 2 to 5 and prayed 10 days time to file reply. Time prayed for is granted. Reply may file within 10 days especially in respect of interim relief claim in the main petition. List the matter on 26.07.2023.
New IA/238/2023:-
This is an application filed under Rule 11 of NCLT Rules, 2016 seeking liberty to file additional documents to the petition. Heard the submissions made by Ld. Counsel for the Applicant. The additional document filed by the Applicant is taken on record with just exceptions. Copies of the additional documents may provided to the Respondent Nos. 2 to 5. The present application i.e. New IA/238/2023 is allowed.
Ld. Counsel for both the parties is present. List the matter for arguments on interim relief on 31.07.2023.
New IA(Co. Act)/268/2023 & New IA(Co. Act)/276/2023:-These interim applications have been filed by the Respondents No. 3 for seeking permission to file additional documents. Heard the submissions made by Ld. Counsel for the Applicant. Ld. Counsel for the Respondent in these applications is also present and submitted that they have no objection if these documents are permitted to be filed. Liberty is granted to Respondent No. 3 to file these documents and the Respondent may file their response in the main petition in respect of any averment made in these documents. With these observations these applications are disposed off.
Ld. Counsel for the Petitioner and Ld. Counsel for the Respondent Nos. 2 and 3 are present and heard in part. For continuation of the argument, list the matter on 23.08.2023”.
On examination of the aforesaid order primarily there is no difficulty to come to the conclusion that Ld. NCLT is proceeding with the matter and hearing the matter. In such situation there is no reason for passing any direction to the NCLT to pass any order either for issuance of notice or granting interim relief since the matter is already sub judice before the NCLT. In such view of the matter we are refraining to pass any positive order. However, we are of the opinion that the present appeal can be disposed of with an observation that Ld. NCLT may consider to pass at least appropriate order on the interim relief expeditiously.
With above observation, the appeal stands disposed of.