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Judgment
Heard Ms. Anju Jain, Ld. Counsel for the Appellant and Mr. Govind Rishi, Ld. Counsel who has appeared on advance notice on behalf of Respondent No. 1 to 4.
The present appeal has been preferred against an order dated 24.05.2023 passed by National Company Law Tribunal, New Delhi (Court no.III) in CA – 37/2023 in CP No. 5/ND/2022 which was filed under Section 242(4) of the Companies Act, 2013. Ms. Jain, Ld. Counsel for the Appellant tried to persuade the court that inconsistent approach was adopted by the NCLT and earlier order was modified. She further submitted that it requires Judicial discipline also however on going through the impugned order it is evident that main Company Petition No. 5/ND/2022 was heard in part and order indicates that Petitioner had already concluded arguments. Meaning thereby, that main Petition is going to be finally adjudicated. In such view of the matter we are not inclined to interfere with the impugned order, however it is clarified that whatever observation has been recorded by the Ld. NCLT while passing order on CA No. 37 of 2023 may not come in way while deciding the main application.
It goes without saying that the Ld. NCLT may take appropriate step for expeditious disposal of the main petition.
With above observation, the appeal stands disposed of.