2019 (8) TMI 1477 - HC - Companies Law

Maintainability of application - preliminary objection has been raised by Mr. Mitra, learned senior advocate that GA No.1845 of 2019 cannot be moved as an independent GA being an offshoot of earlier GA 47 of 2019 whereby he has sought for separate independent order - HELD THAT - The defendant no.1(b) has made a prayer that since my earlier order dated 5th August, 2019 clearly specified the holding of the elections of the companies business in pursuance of several notices including notice dated 1st July, 2019, the order which was passed on 2nd August, 2019 shall also govern the elections scheduled to be held on 13th August, 2019 in respect of the proposed business mentioned in the notice dated 1st July, 2019 at pages 55 and 56 of the General Application - Initially, I did not pass any order of stay of any of the elections mentioned in my order dated 2nd August, 2019 read with order dated 5th August, 2019. I also do not pass any order of stay of election. The only order which is being passed today that the result of the election and/or voting scheduled to be held on 13th August, 2019 shall not be published as indicated in the original order dated 2nd August, 2019. Let this application be listed on 30th August, 2019 along with GA No.1735 of 2019, GA No.1761 of 2019 and GA No.1786 of 2019.

Summary

Issues:
1. Maintainability of GA No.1845 of 2019 as an independent GA.
2. Application for governing elections and order of stay.
3. Filing of affidavit-in-opposition and affidavit-in-reply.
4. Listing of the application along with other GAs.

Analysis:
1. The judgment addressed the preliminary objection raised regarding the maintainability of GA No.1845 of 2019 as an independent GA. Mr. Mitra contended that the application cannot be moved independently as it stemmed from an earlier GA, and he sought a separate independent order. The court considered the submission and rejected the objection, allowing GA No.1845 of 2019 to proceed for further consideration.

2. The defendant no.1(b) requested the court to apply the order dated 5th August, 2019, concerning the holding of elections for the companies' business, to govern the elections scheduled for 13th August, 2019. The court clarified that no stay order had been issued previously regarding the elections mentioned in the orders dated 2nd and 5th August, 2019. However, the court decided that the results of the upcoming election on 13th August, 2019 should not be published, as per the original order dated 2nd August, 2019.

3. The judgment directed the filing of an affidavit-in-opposition within a week from the date of the order, as per the prayer made. Additionally, it mandated the filing of an affidavit-in-reply within a week after the submission of the affidavit-in-opposition. This procedural requirement ensures that all parties have the opportunity to present their arguments and counter-arguments effectively before the court.

4. The court ordered the listing of the application on 30th August, 2019, along with other related General Applications (GAs) such as GA No.1735 of 2019, GA No.1761 of 2019, and GA No.1786 of 2019. By consolidating these GAs for a joint hearing, the court aims to streamline the legal proceedings and address all relevant issues comprehensively in a single session, promoting efficiency and effective case management.