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Judgment
Heard Mr. Sajeve Deora, Ld. Counsel along with Mr. Harsh Gurbai, Ld. Counsel for the Appellants as well as Mr. Krishnendu Datta, Ld. Sr. Counsel assisted by Ms. Varsha Himatsingka, Ld. Counsel for the Respondents.
The present appeal under Section 421 of the Companies Act, 2013 has been preferred against an innocuous order i.e. order dated 29.09.2022, whereby the Ld. NCLT on an application filed on behalf of the Appellant for granting interim relief in a Petition filed under Section 241-242 of the Companies Act, 2013, only deferred the hearing awaiting reply by the other side. By the impugned order next date was fixed to 18.11.2022. However, just one day prior to the date fixed before the NCLT the present appeal was presented before this tribunal.
We are of the opinion that since the Ld. Tribunal had already adjourned the matter awaiting reply the Appellant in any event was not required to come before this tribunal in such haste. If we start entertaining such type of appeal there would be flood of appeal in this tribunal and it would be difficult for us to adjudicate real issue. In such view of the matter we are of the opinion that there is no need to pass any favourable order.
The Appeal stands disposed of. However, it goes without saying that Ld. NCLT may consider to examine the interim relief, if pressed by the Appellant and decide the same expeditiously.