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2024 (2) TMI 262 - AT - Companies LawSeeking permission for withdrawal of appeal - HELD THAT - In the instant TA (AT) No.113/2021 (Comp App (AT) No.200/2019), on the file of this Tribunal , the Appellant , is so far as the relief sought for Set aside Order, dated 16.05.2019, passed by the National Company Law Tribunal , Hyderabad Bench in IA No.365/2018 in IA No.52/2018 in CA No.73/97/HYD/2016 and to punish the Contemnor / Respondent No.2 , in accordance with Law . The Appellant , comes out with a crystalline stand that she is not pressing the said relief. Not resting to the above, in the said Memo , dated 30.10.2023, the Appellant , had also while seeking relief in the instant Appeal , for issuance of directions to the Contemnor / 2nd Respondent , to forthwith comply with the Order , dated 08.03.2018, passed by the National Company Law Tribunal , Hyderabad Bench in CA No.73/97/HYD/2016 and once again the Appellant , seeking to agitate the relief in CP No.385/2019, pending before the Tribunal , this Tribunal , is of the earnest view that according to the 2nd Respondent , the instant Appeal , has become an Infructuous one and furthermore, the Appellant is not pressing for the relief sought for, in the instant Appeal , hence the Appellant , is not pressing the relief in the instant Appeal , seeking permission from this Tribunal to withdraw the same. This Tribunal , taking into account of the Appellant s contents of the Memo , dated 30.10.2023, filed before this Tribunal , in the instant Appeal , at this juncture, simpliciter, is of the considered view that the Appeal , has become an Infructuous one , especially the Appellant , is not pressing for the relief in the instant TA (AT) No.113/2021 (Comp App (AT) No.200/2019), and accordingly, the said Appeal , is Dismissed , as an Infructuous one . Appeal dismissed.
Issues Involved:
1. Contempt of court and compliance with previous orders. 2. Inspection and access to company records. 3. Approval and adoption of financial statements. Summary: Issue 1: Contempt of Court and Compliance with Previous Orders - TA (AT) No.109/2021 (Company Appeal (AT) No.151/2019): The Appellant initially sought to punish Dr. Subba Rao for willful contempt of the order dated 27.02.2017 and to set aside the order dated 22.04.2019 passed by the NCLT, Hyderabad Bench. However, the Appellant is not pressing for this relief and seeks leave to agitate the issue in CP No.385/2019 pending before the NCLT. The Tribunal dismissed the appeal as infructuous without granting leave to agitate the relief in CP No.385/2019. - TA (AT) No.113/2021 (Company Appeal (AT) No.200/2019): The Appellant sought to set aside the order dated 16.05.2019 and to punish Dr. Subba Rao for willful disobedience of the order dated 08.03.2018. The Appellant is not pressing for this relief and seeks leave to agitate the issue in CP No.385/2019 pending before the NCLT. The Tribunal dismissed the appeal as infructuous without granting leave to agitate the relief in CP No.385/2019. Issue 2: Inspection and Access to Company Records - TA (AT) No.109/2021 (Company Appeal (AT) No.151/2019): The Appellant sought a direction for Dr. Subba Rao to hand over all company records and to allow inspection and obtaining copies of the records both physically and electronically. The Appellant craves leave to agitate this relief in CP No.385/2019. The Tribunal dismissed the appeal as infructuous without granting leave to agitate the relief in CP No.385/2019. - TA (AT) No.113/2021 (Company Appeal (AT) No.200/2019): The Appellant sought a direction for the Respondents to hand over Tally Back Up and allow inspection and obtaining copies of the records. The Appellant craves leave to agitate this relief in CP No.385/2019. The Tribunal dismissed the appeal as infructuous without granting leave to agitate the relief in CP No.385/2019. Issue 3: Approval and Adoption of Financial Statements - TA (AT) No.110/2021 (Company Appeal (AT) No.153/2019): The Appellant sought to set aside the order dated 22.04.2019 and to direct the approval and adoption of financial statements for FY 2013-14, 2014-15, and 2015-16. The Appellant also sought to declare that the Chairman appointed by the Tribunal has become functus officio. The Appellant craves leave to agitate this relief in CP No.385/2019. The Tribunal dismissed the appeal as infructuous without granting leave to agitate the relief in CP No.385/2019. Conclusion: The Tribunal dismissed all three appeals (TA (AT) No.109/2021, TA (AT) No.110/2021, and TA (AT) No.113/2021) as infructuous without granting leave to agitate the reliefs in CP No.385/2019 pending before the NCLT. No costs were awarded, and all connected pending interlocutory applications were closed.
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