AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Learned Counsel for the Appellant. Learned Counsel for the Respondent No. 2 is also present.
Learned Counsel for the Appellant submits that the Appellant is aggrieved by the order dated 17.07.2020 passed by Ld. National Company Law Tribunal, Court-II in Company Application No. 277 of 2020 where by the Ld. NCLT, Court-II was directed both the petitioners therein and Respondent No. 2 to move before the statutory auditor who is directed to look in to the allegation of withdrawal of the money by the parties and statutory auditor was directed to submit the report to this Tribunal within 6 weeks from the date of passing of this order and the matter was directed to be listed on 5th October, 2020.
From the perusal of the order dated 17.02.2021 it appears that the Learned Counsel for the Appellant was directed to file Photostat copy of the subsequent orders in the matter passed by Ld. NCLT.
Further from the perusal of the order dated 09.04.2021 reveals that the Learned Counsel for the Appellant have filed the subsequent orders which is available on the record. From the order dated 21.12.2020 passed by Ld. NCLT it appears that the matter was directed to be listed on 12.04.2021. Now, almost 5 months have been passed.
Records also reveals that the Appellant has filed affidavit on 17.12.2020 before this Tribunal in which para 3 of the affidavit it has been stated that after filing the instant Appeal on 24.07.2020 the statutory auditor of the Company has tendered her resignation from the said position vide her letter dated 11.08.2020 addressed to the Company sent under cover of her email of the same date (at page 4 of the affidavit). The letter dated 11.08.2020 in which subject mentioned 'Resignation as Statutory Auditors of Eninov Systems Private Limited'.
Learned Counsel for the Appellant is directed to file up to date order sheet in the matter passed by Ld. NCLT, within two weeks. Registry is directed to accept it.
List the Appeal 'For Admission (After Notice)' on 27th October, 2021.