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Judgment
ORDER
21.10.2022: Heard Mr. Naresh Kumar Sejvani, learned counsel for the appellant. This is a peculiar appeal which has been filed against an order whereby Learned NCLT has refused the prayer for urgency in CA No.14/JPR/2022 and CA No.17/JPR/2022. Besides refusing to entertain such prayer the learned NCLT has further directed the parties to complete their part of pleadings in main CP as well as in CAs and to list the matter on 2.11.2022.
Learned counsel for the appellant tried to persuade the Court that if the urgency application is not taken up immediately the appellant may suffer a lot. Learned counsel for the Appellant has drawn our attention to second para of part of order dated 19th April, 2022 at Page 43 which is as quoted hereinbelow:
“The main relief sought in this application is to quash and set aside the Resolutions, if any, passed in the Meeting of the Board held on 16.04.2022. Though this application was held on 11.04.2022, it was not listed earlier. While we may pedantically look at the prayers, we have to practically see the effect and consequence of the said prayers also. The Tribunal does not normally interdict corporate democracy. However, if anything germinates to the detriment of the company, the same is under the scope and canvas of issues that may be examined by the Tribunal. Under the circumstances, while we will not impede the process of the Resolutions, if any, that may have been passed in the said meeting of the Board held on 16.04.2022 it also becomes incumbent on the Tribunal to protect the interest of the company. Therefore, any consequential or detrimental effect of the Resolution, if passed on 16.04.2022, shall be examined within the scope and canvas of the instant CP before us and shall be subject to the final outcome of the lis pending hereunder.”
However, on perusal of the aforesaid quoted order it is evident that the Learned Tribunal has already observed that any consequential or detrimental effect of the Resolution, if passed on 16.04.2022, shall be examined within the scope and canvas of the instant CP before it and shall be subject to the final outcome of the lis pending hereunder. Learned NCLT by the same order has further directed for completion of pleading. Learned Counsel for the Appellant admits that in the main CP, three CAs has been filed by the appellant, however out of those three CAs, one CA was filed for urgent hearing.
The impugned order is quoted hereinbelow:-
“CA No.44/JPR/2022:
The instant application has been filed by the Petitioner seeking urgent listing of CA No.14/JPR/2022 and CA No.17/JPR/2022. Upon filing of this application, this matter was taken up.
It seems that there is no urgency to hear the main petition and pending CAs. Learned counsels are directed to complete their part of pleadings in main CP as well as CAs. List the matter on 02.11.2022.
CA No.44/JPR/2022 stands disposed of.”
We are of the opinion that if we start entertaining such appeal there is every possibility that this Tribunal will be flooded with such appeals. Normally such appeals are required to be dismissed outrightly with imposition of heavy cost. However, we are restraining ourselves from imposing cost.
The appeal stands dismissed.