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2021 (10) TMI 138 - HC - Companies LawEquitable, appropriate, proper and efficient administration of justice - power of superintendence over Hon'ble National Company Law Tribunal - appeal under Section 421 of the Companies Act, 2013 - HELD THAT - Without any observations on the aspect as to whether in view of the order dated 16.3.2020 of the NCLAT dismissing the appeal Company Appeal( AT) 75/2020, the prayers made in the present petition can be considered, it is essential to observe that vide order dated 13.1.2021 in the present proceedings, the petitioner represented through her legal representative had submitted that CA. No. 373/2008 in relation to which a prayer was made in the present petition, i.e., W.P.(C) No. 6798/2020 which CA. No. 373/2008 had been filed before the NCLT, was intrinsically linked to Crl.M.(Co.) 3/2008. In view of the proceedings dated 23.8.2021 and in view of proceedings in Crl.M.(Co.) 3/2008 of even date whereby it has been directed that the proceedings thereof in relation to Co. Appln. Nos. 577/2020, 602/2020 and 625/2020 , subject to orders of the Hon ble the Chief Justice, be placed before the Court of Hon ble Mr. Justice Jayant Nath, it is considered appropriate that the proceedings of the present W.P.(C) No. 6798/2020 also intrinsically connected to Crl.M.(Co.) No. 3/2008 subject to the orders of the Hon ble the Chief Justice be placed before Hon ble Mr. Justice Jayant Nath on 7.10.2021.
Issues:
1. Compliance with directions of the Supreme Court by the National Company Law Tribunal (NCLT) 2. Dismissal of appeal against NCLT order 3. Writ petition invoking Article 227 for enforcing power of superintendence Compliance with directions of the Supreme Court by the NCLT: The petitioner sought a writ of mandamus to compel the NCLT to comply with the Supreme Court's directions issued in 2014. The petitioner wanted the NCLT to dispose of certain applications within a specified period, despite a previous disposal of a related case. The petitioner invoked the equitable administration of justice and emphasized the gravity of "offences against justice." Dismissal of appeal against NCLT order: The respondent informed the court that the petitioner's appeal against the NCLT order dated 7.2.2020 had been dismissed by the NCLAT. The petitioner had sought various reliefs through the appeal, including quashing the NCLT order and seeking interim relief. The petitioner's grievance was not against an order passed but against the lack of passing an order, leading to the invocation of Article 227 to enforce the Delhi High Court's superintendence. Writ petition invoking Article 227 for enforcing power of superintendence: The petitioner filed a writ petition instead of an appeal before the NCLAT, citing the NCLT's failure to exercise jurisdiction as mandated by the Supreme Court. The court observed the interconnectedness of various applications and directed the proceedings to be listed with another related case. Subsequent orders and submissions clarified the linkage between different applications and the need for coordinated disposal. The court directed the proceedings to be placed before a specific judge for further consideration. In conclusion, the judgment addressed the petitioner's plea for the NCLT's compliance with Supreme Court directions, the dismissal of the appeal against the NCLT order, and the use of a writ petition invoking Article 227 to enforce the Delhi High Court's superintendence. The court carefully analyzed the interconnected nature of the applications and directed specific steps for coordinated disposal, emphasizing the need for efficient and proper administration of justice.
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