Tribunals and CommissionsDivision Bench(2025) 01 NCLAT CK 1662

Sh. Devender Behal & Anr. @APPELLANT @ Hash M/s. Multi Springs and Engineering Pvt. Ltd. & Ors.

National Company Law Appellate Tribunal · Decided on 17 January 2025

HON’BLE JUDGES
Yogesh Khanna Member (T) · Ajai Das Mehrotra Member (T)
RESULT
Allowed
CASE NUMBER
Comp. App. (AT) No.24 of 2025

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Judgment

5 paragraphs · 223 words

17.1.2025 - This Appeal is against an impugned Order dated 15th January, 2025. The learned Senior Counsel for the Appellant submits the Appellant is aggrieved of the fact despite there being an e-mail dated 10th January, 2025 received by the Appellant from ROC stating inter alia unless they get a restraint order from the learned NCLT, they would upload e-Form DIR 12 by the SRN No.AB2257793 in its record for removal/vacation of the Appellants as directors. It is submitted the ROC has given 10 days’ time limit to file restraint Order vide its e-mail dated 10th January, 2025. It is further submitted immediately thereafter the Appellants have moved the learned NCLT on 11th January, 2025 to seek restraint Order but the Notice was issued for 17th February, 2025 without hearing on merits and/or giving interim relief.

2.

Heard.

3.

In the circumstances, since the application CA 9 of 2025 filed by the Appellant herein is listed on 17th February, 2025, we direct the ROC to hold its hands till then and not to act on the e-Form DIR 12; on which date the learned NCLT shall decide fate of application filed, if such restraint order is to be given or not.

4.

The Appeal stands disposed of in terms of above. Pending applications, if any, are also disposed of.

Dasti Order be given.