9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (12) TMI 1874 - HC - Companies LawMaintainability of appeal - petitioners apprehend that, the Appellate Authority will disallow the appeal as the Appellate Authority has expressed its mind in course of the hearing as recorded in a writing issued by the Advocate for the petitioner - HELD THAT - In the facts of the present case, the decision of the Appellate Authority is awaited. The submissions made on behalf of the petitioners as the observations of the Appellate Authority as perceived by the petitioners are yet to be reduced in writing by the Appellate Authority. The decision of the Appellate Authority will appear from the communication of such decision. It is premature to speculate on the submissions and the observations made in the course of hearing of the appeal. There are no merit to interfere in the present writ petition - petition dismissed.
Issues: Apprehension of Appellate Authority disallowing appeal; Prematurity of writ petition pending Appellate Authority's decision; Speculation on submissions and observations made during appeal hearing.
In this judgment, the petitioners expressed apprehension that the Appellate Authority might disallow their appeal based on a writing dated December 11, 2017, by the Advocate for the petitioners. The State, represented by the Additional Advocate General, argued that the decision of the Appellate Authority, awaited since the hearing on December 7, 2017, renders the writ petition premature. The State highlighted that a previous order dated September 4, 2017, allowed the petitioners to prefer an appeal, which has not been challenged. Therefore, it was deemed premature to speculate on the outcome of the appeal before the Appellate Authority's decision is communicated. The judge found no merit to interfere in the present writ petition due to the pending decision of the Appellate Authority. Consequently, the writ petition was dismissed without any order as to costs. The parties were directed to obtain urgent website certified copies of the order upon fulfilling the necessary formalities.
|
