9911796707
TMI Blog2020 (7) TMI 561X X X X Extracts X X X X X X X X Extracts X X X X ..... ed:- 16-3-2020 - Justice Jarat Kumar Jain Member (Judicial), Mr. Balvinder Singh Member (Technical) And Dr. Ashok Kumar Mishra Member (Technical) For the Appellants : Mr. Sachin Datta, Sr. Advocate with Mr. Satish Kr. Mishra, Advocates., Mr. Buddy Ranganathan, Mr. CS Chauhan, Advocates. For the Respondents : Mr. Avneesh Garg Mr. Atanu Mukherjee, Advocates, Mr. 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/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I.A No. 222/2017 is filed by the Petitioner for adding some parties on the ground that they are subsequent to the purchase of some of the properties of the Company. Pending this petition, it is made clear that broad principles of lis pendens do apply as appearing in section 55 or 52 of Transfer of Property Act are applicable. However, this point is kept open. Hence, they need not be made a 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e different. The relief seeking in Application I.A No. 352 of 2017 is not covered with the relief of I.A No. 222 of 2017 and no reason assigned while disposing off the I.A No. 352/2017. Hence, we set aside the impugned order to the extent of I.A No. 352/2017. The matter is remitted to National Company Law Appellant Tribunal, Kolkata with request that after giving reasonable opportunity of hearing to the parties 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 wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
