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Judgment
O R D E R
18.10.2022: In Company Appeal (AT) No. 82 of 2022, the Appellant – Sheshmal Bhatia preferred the instant Appeal being aggrieved and dissatisfied by the order dated 24.02.2022 passed by the National Company Law Tribunal, Court No. V, Mumbai Bench whereby the Tribunal passed the following orders:
“ 27. The Court orders as follows:
a)The Board Resolution dated 08.11.2021 is stayed.
b)Respondent No. 2 and Respondent No. 3 are restrained from dealing with the assets of the Respondent Company pending final disposal of the Company Petition.
c)Mr. Ram Ratan Kanoongo, having IBBI No. IBBI/IPA-001/IP-P00070/2017-18/10156 having Email Id-[email protected] and Contact No. 9821031996 is appointed as an Administrator to take over the control and management of the affairs of the Company pending final disposal of the Petition.”
Another Company Appeal (AT) No. 83 of 2022 has been preferred by the Appellant- Arvind Manubhai Mehta being aggrieved and dissatisfied by the same aforesaid impugned order dated 24.02.2022.
The Ld. Counsel for the Respondent No. 1 appeared and filed his Reply Affidavit and the matter was heard at length on 14.09.2022 and on that day, this Bench made query from both side about the next date of hearing in the matter before the Tribunal which they were unable to disclose, therefore, they were directed to file hard copy of up-to-date order sheet passed by the Tribunal in the matter.
Pursuant thereto, the Ld. Counsel for the Appellant brought on record the entire order sheet in which order dated 23.08.2022 reveals that the matter was again listed on 07.10.2022 and further at page 29 of the Affidavit there is one letter written by Mr. Dhaval Ved, Advocate for Applicant intimating that the matter is fixed for hearing on 04.11.2022.
Another Affidavit has been filed in Company Appeal (AT) No. 83 of 2022 in which the Ld. Counsel for the Appellant referred to page 1 which is case detail of NCLT which shows that CP 384 of 2021 which was registered on 12.11.2021 having status that the case is disposed of. The Ld. Counsel for the Respondent submits that there is technical error in the website of the NCLT, the case status shows as disposed of but fact is that the matter is coming on 04.11.2022 before the Tribunal.
In view of the above and having gone through the record, we dispose of both the Appeals with a request to the National Company Law Tribunal, Court No. V, Mumbai Bench to expedite the matter and dispose of at an early date by considering all the issues raised by the parties including issue of appointment of Administrator on or before 04.11.2022. With these observations, both these Appeals are 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, Court No. V, Mumbai Bench, forthwith.