Tribunals and CommissionsDivision Bench(2024) 02 NCLT CK 0039

Union of India, MCA vs Delhi Gymkhana Club

National Company Law Tribunal · Decided on 15 February 2024

HON’BLE JUDGES
Ramalingam Sudhakar, President Member · Avinash K. Srivastava, Member (T)
RESULT
Disposed Of
CASE NUMBER
CP. No. 71/241-242/PB/2020

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Judgment

18 paragraphs · 325 words

Today, the matter was heard from pre-lunch to post-lunch till 4:35 PM.

New CA-22/2024

The present application is filed by Col. Ashish Khanna, SM (retd.)/Respondent No. 18 for the following relief.

“a. Grant extension to deposit costs till 31.03.2024 and redress of applicant’s AGM and 03.09.2023 Auditor qualified dues.

b. Pass any other orders as this Hon’ble Tribunal may deem fit in the interest of justice.”

Heard, Ld. Counsel Mr. Deepak Khosla for the Applicant appearing through VC. Col. Ashish Khanna, SM (Retd.) Applicant/Respondent No. 18 appeared physically.

We have perused this application seeking an extension to deposit costs imposed vide order dated 15.12.2023 in CA-440(PB)/2022. There is no stay on the order dated 15.12.2023. The time granted for payment of cost is 7 days. We are not convinced with the reasons for the prayer for extension of time to pay the cost.

Hence, we find no reason for granting an extension as prayed for.

Therefore, CA-22/2024 is dismissed.

CA-88/2023 and CA-34/2024

Heard, Ld. Counsel Mr. Deepak Khosla for the Applicants/Respondent No. 18 appearing through VC. Col. Ashish Khanna, SM (Retd.) Applicant/Respondent No. 18 appeared physically.

Since, we have already imposed a cost of Rs. 50,000/- on the present Applicant, vide order dated 15.12.2023 in CA-440(PB)/2022 which has not been paid as on date and the application i.e. CA-22/2024 for seeking an extension of time to deposit the costs has been dismissed today.

The applicant will have to pay the cost imposed, if we have to proceed further in the matter. The applicant ought to have informed the Hon’ble NCLAT as to the cost imposed in CA-440(PB)/2022 before seeking an early hearing.

List the matter for further consideration on 22.02.2024.

CA-403/2023, CA-384/2022, CA-387/2023, CA-364/2022, CA-480/2022, CA-01/2023, CA-45/2023, CA-123/2023 and CA-291/2023.

Ld. Counsel for the parties appeared.

At the request and by consent of all the parties, list the matter on 22.02.2024.

A copy of this order to be sent to the Registrar NCLAT for information.