2020 (7) TMI 561

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..... Sadapurna Mukherjee, Advocate, Mr. Avneesh Garg & Mr. Atanu Mukherjee, Advocates., Mr. Sadapurna Mukherjee, Advocate ORDER Heard, Learned counsel for the parties. 2. NCLT, Kolkata Bench, Kolkata by the impugned order dated 24.07.2019 dispose of the Applications I.A No. 222/2017 filed by Yashdeep Trexim Pvt. Ltd. (Petitioner) Respondent herein and I.A No. 352/2017 filed by Mooldhan Advisory System Pvt. Ltd. and Ors. (Appellant in Company Appeal (AT) NO. 266/2019). 3. Being aggrieved Mooldhan Advisory System Pvt. Ltd. (hereinafter referred as A-1) filed Company Appeal (AT) No. 266/2019. Whereas Appellant Juggilal Kamlapat Jute Mills company Ltd. (hereinafter referred as A-2) filed Company Appeal No. 294/2019. 4. Yashdeep Trexim Pvt. Ltd. .....

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..... party in this proceeding at this stage. I.A No. 222/2017 stands disposed off. In view of above order, IA No. 352/2017 also stands disposed off. In view of this, other matter stands adjourned. Matter to appear for further consideration on 26.09.2019." 7. Being Aggrieved with this order these Appeals are filed. 8. Learned counsel for A-1 submits that in both the applications the reliefs are altogether different however, Learned NCLT while disposing of the I.A No. 222/2017 without assigning any reason disposed off the Appellant's Application I.A No. 352 of 2017. Therefore, it will be appropriate that the matter be remitted to NCLT for deciding the Application I.A no. 352 of 2017 afresh. 9. Learned Counsel for the Respondents agreed that in .....

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..... s decide application I.A No. 352/2017 afresh by passing reasoned order expeditiously. 14. We have gone through the order which is already reproduced above it is apparent that NCLT has rejected the prayer of R-1 for impleading subsequent purchaser as party to the proceedings. However, directed that the subsequent purchaser's right will be governed by Principal of lis pendence and the issue is kept open. It means such order is not final. 15. We found no ground to interfere in the impugned order so far as the Application I.A No. 222/2017 is concerned. Thus, the impugned order is maintained so far as the I.A No. 222/2017 is concerned. However, in regard to I.A No. 352/2017 is set aside. 14. The Appeal No. 266/2019 is allowed. However, the Ap .....

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