2020 (8) TMI 941 - HC - Companies Law

Wilful defaulter - petitioner has submitted that the writ petitioner is aggrieved by a portion of the order and accordingly, leave may be given to the writ petitioner to file a cross objection - HELD THAT - It is directed that the appeal shall be heard treating the stay application as paper book. The service of notice of appeal is dispensed with. Both the appeal and the cross-objection may appear before the appropriate Bench two weeks hence - application disposed off.

Summary

Issues Involved: Challenge to decision of Review Committee declaring as 'willful defaulter', consideration of stay petition as basis for decision, permission to file cross objection, filing of cross-objection by respondents, next steps for appeal and cross-objection.

Analysis:
1. The appeal arises from a writ petition challenging the decision of the Review Committee declaring the petitioner as a 'willful defaulter'. The court notes that the writ petition was heard without affidavits and can be decided based on the stay petition, except for an order from the Supreme Court in SLP Nos. 4816-4819/2019 dated 8th May, 2019.

2. The Senior Counsel for the writ petitioner seeks permission to file a cross objection, stating that the petitioner is aggrieved by a portion of the order. The court directs that the appeal will be heard considering the stay application as the paper book, and dispensing with the service of notice of appeal.

3. The court orders the respondents to file a cross-objection with the complete set of the Special Leave Petition (SLP Nos. 4816-4819/2019) within one week. Both the appeal and cross-objection are scheduled to appear before the appropriate Bench in two weeks.

4. The order dated 8th May, 2019 in SLP Nos. 4816-4819/2019 is to be kept with the record. The court disposes of the applications CAN 4732 of 2020 and CAN 4733 of 2020 accordingly, with an order in terms of prayer (a) of the application CAN 4732 of 2020.