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2021 (9) TMI 1313 - SCH - Companies LawMaintainability of appeal - HELD THAT - Taking into consideration the fact that the instant appeal has been filed against an interim order, and the Company Appeal is listed for hearing on 27.09.2021 before the NCLAT, without expressing any opinion on the merits of the case, the NCLAT is directed to dispose of the matter, pending adjudication before it, in accordance with law expeditiously preferably within two months. Appeal disposed off.
Issues: Application for permission to file civil appeal; Interim order of NCLAT admitted and stayed by NCLT; Direction to dispose of the matter expeditiously.
In this case, the Supreme Court of India allowed the application seeking permission to file a civil appeal against an interim order dated 02.09.2021 passed by the National Company Law Appellate Tribunal (NCLAT) in Company Appeal (AT)(Ins) No. 690 of 2021. The NCLAT had admitted the appeal filed by respondent No.1 and stayed the order of the National Company Law Tribunal (NCLT). The Court, while hearing the matter through video conferencing, directed the NCLAT to dispose of the appeal pending adjudication before it expeditiously, preferably within two months. The Court emphasized that this direction was given without expressing any opinion on the merits of the case. Both parties' senior counsels agreed to argue the case before the NCLAT without unnecessary adjournments. Consequently, the appeal was disposed of, and all pending interlocutory applications were also disposed of as a result. This judgment primarily dealt with the issues of granting permission to file a civil appeal, challenging an interim order of the NCLAT, and providing a direction to expedite the disposal of the matter before the NCLAT. The Court's decision focused on ensuring timely adjudication of the appeal without expressing any opinion on the case's merits. The directive to dispose of the matter within two months underscored the importance of expeditious resolution in such cases. The agreement between the parties' senior counsels to argue the case without unnecessary adjournments further facilitated the swift disposal of the appeal. Overall, the judgment aimed to streamline the legal process and promote efficient resolution of disputes within the realm of company law.
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