2023 (10) TMI 1347 - AT - Companies Law

Seeking permission from this Tribunal to withdraw the instant Comp Appeal - HELD THAT - The Learned Counsels are permitted to raise before this Tribunal and this Tribunal , by taking into consideration the pleas, averments made in this regard, pass a reasoned / speaking Order, of course, uninfluenced and untrammelled by any of the observations made by this Tribunal , in this Appeal , in the interest of Justice .

Summary

Issues involved:
The judgment involves the withdrawal of a company appeal, permission to file an interlocutory application, and the passing of an order regarding a deceased legal heir.

Withdrawal of Company Appeal:
The Appellant sought permission to withdraw the Comp App (AT) (CH) No. 76/2023, which was subsequently dismissed as withdrawn by the Tribunal. No costs were imposed, and the connected pending IA Nos. 1015 & 1016/2023 were closed.

Permission for Interlocutory Application:
The Tribunal clarified that the dismissal of the appeal would not prevent the Appellant from filing a necessary Interlocutory Application before the National Company Law Tribunal, Chennai Bench, to recall the Impugned Order in CP/138/(CHE)/2022. The Tribunal specified that the Application should be filed within one week from the current date, to be numbered by the Registry and disposed of within two weeks thereafter, with both the Petitioner/Appellant and Respondent being heard.

Order Regarding Deceased Legal Heir:
The Appellant raised a plea regarding the Impugned Order being passed without considering one of the legal heirs, Mr. Kushal Gupta, of Mr. Arun Gupta, who passed away on 22.11.2020. The Tribunal instructed that if an Application is filed within one week, it will be scrutinized by the Registry and a decision will be made within two weeks, taking into account the alleged fraud by the Petitioner/Appellant.

The Learned Counsels were permitted to present their arguments before the Tribunal, which was instructed to issue a reasoned and speaking Order, independent of any previous observations, in the interest of justice.