9911796707
TMI Blog2017 (5) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... ng out of C.P. No. 48 of 1996, respectively. However, at the very out set of the hearing of this application Mr. Murarka, learned Senior Advocate appearing in support of the revisional application submitted that the petitioner restricts its challenge in this application only to the order dated April 11, 2017 passed by the learned Tribunal in I.A. No. 59 of 2017, arising out C.P. No. 48 of 1996. In the year 1996, the opposite party no. 1, supported by the opposite party no. 2 filed the application, being C.P. No. 48 of 1996 under Sections 197 and 398 of the Companies Act, 1956 against the petitioner company and one of its directors before the erstwhile Company Law Board. Apart from the said C.P. No. 48 of 1996, the opposite party nos. 1 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... forma opposite party herein filed an application, being I.A. No. 24 of 2016 before the learned Tribunal praying for, substituting the heirs and legal representatives of the respondent in C.P. No. 48 of 1996 who died intestate. The said application was under Order XXII Rule 9 of the Code of Civil Procedure. By order dated November 16, 2016 the Tribunal dismissed the said I.A No. 24 of 2016 on the ground that the original application C.P. No. 48 of 1996 stood dismissed. The learned Tribunal held that since C.P. No. No. 48 of 1996 stood dismissed, the filing of the application for bringing the heirs and legal representatives of the respondent no. 2 in C.P. No. 48 of 1996 does not arise. However, by order dated January 30, 2017 the learned Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing an appeal under Section 421 of the Act of 2013, before the National Company Law Appellate Tribunal. As mentioned earlier, it is the said order dated April 11, 2017 which is the subject matter of challenge in this revisional application. Assailing the impugned order of the Tribunal Mr. Murarka, learned senior advocate appearing for the petitioner submitted that from the order dated November 16, 2016 it is evident that the learned Tribunal rejected the application for bringing on record the heirs and legal representatives of the deceased respondent no. 2 of C.P. No. 48 of 1996 on the grounds that the application C.P. No. 48 of 1996 itself stood dismissed. According to him, unless the prayer of the respondent no. 1 in C.A. No. 378 of 2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to challenge the impugned order passed by the Tribunal, Mr. Murarka relied on the decision of the Supreme Court in the cases of Shalini Shyam Shetty & Another v. Rajendra Shankar Patil, reported in (2010) 8 SCC 329 and K.V.S. Ram v. Bangalore Metropolitan Trnasport Corporation, reported in AIR 2015 SC 998. Mr. Prabhjot Singh, learned advocate appearing for the opposite party no. 2 did not dispute the contentions raised on behalf of the petitioner that by the impugned order the learned Tribunal committed a patent error of law in rejecting the application under Section 420(2) of the Act of 2013. Even the opposite party no. 1, appearing in person also supported the contention raised by the petitioner in this application. None of the opposite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to discharge its duty to remove the mistake in passing the order dated January 30, 2017 which is apparent from the record. In the facts of the case as already discussed above, I find substance in the contention raised on behalf of the petitioner on the strength of the Supreme Court decisions in the cases of Shalini Shyam Shetty (supra) and K.V.S. Ram (supra) that the impugned order dated April 11, 2017 passed by the Tribunal is vitiated by patent perversity resulting in gross and manifest failure of justice. For all the foregoing reasons, the revisional application succeeds. The impugned order dated April 11, 2017 passed by the learned National Company Law Tribunal, Kolkata Bench in I.A. No. 59 of 2017 is set aside. The Learned Company ..... X X X X Extracts X X X X X X X X Extracts X X X X
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