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Judgment
Per: Justice Rakesh Kumar Jain (Oral)
This order shall dispose of three applications bearing I.A. No. 1224, 1225 & 1226 of 2023 filed in CA (AT) (CH) No. 41, 42 & 43 of 2023.
Three Appeals bearing Company Appeal (AT) (CH) No. 41/2023, Company Appeal (AT) (CH) No. 42/2023 & Company Appeal (AT) (CH) No. 43/2023 were disposed of by the order dated 04.05.2023 which read as under:-
“This order shall dispose of three appeals bearing Company Appeal (AT) (CH) No. 41/2023, Company Appeal (AT) (CH) No. 42/2023 & Company Appeal (AT) (CH) No. 43/2023 as similar impugned orders have been passed in these cases.
After arguing for some time, Counsel for both the parties have submitted that the impugned order, which is bereft of reasons, be set aside and the matter may be remanded back to the Tribunal to decide it afresh by passing a speaking order.
Both Counsel for the parties have also agreed that status quo may be ordered to be maintained till the Tribunal passes a fresh order in terms of the order passed today but it shall be without prejudice to the contentions on the merits of the case to be raised by both of them.
In view of the aforesaid facts and circumstances, the impugned orders passed in all three appeals mentioned herein above, are hereby set aside. The matters are remanded back to the learned Tribunal to decide the matter afresh by passing a speaking order as early as possible but preferably within 15 days from the date of appearance of the parties before it.
The parties shall maintain status quo till the Tribunal takes a fresh decision in terms of the direction of this order. The parties are directed to appear before the Tribunal on 29.05.2023.”
Counsel for the Appellant, in all the aforesaid appeals has filed these applications i.e. I.A. No. 1224, 1225 & 1226 of 2023 with a prayer to ‘recall and vacate the order of temporary status quo dated 04.05.2023 passed in CA (AT) (CH) No. 41 of 2023 by this Tribunal’. It is averred that the order of stay was passed on 18.02.2022 which has been allowed to be continued by the order dated 04.05.2023 but at that time a direction was issued to the Tribunal to decide the matter afresh within 15 days from the date of appearance of both the parties.
Grievance of the Applicant/Appellant is that the matter is not making any headway and is not being disposed of whereas the order of status quo is continuing against them. Counsel for the Appellant has made an innocuous prayer that these applications may be disposed of at this stage with a further direction to the Tribunal, seized of all the matters in hand, to decide the same on the date already fixed i.e. 15.02.2024.
Counsel appearing on behalf of Non-applicant, on the basis of advance notice given by the Applicant/Appellant, has not raised any objection in this regard.
Consequently, the present applications are disposed of with an earnest request to the Tribunal to decide the lis between the parties on the date already fixed i.e. 15.02.2024, keeping in view the predicament of the Appellant that the order of stay is still continuing since 18.02.2022.