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2017 (5) TMI 1762

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..... P No. 80/HDB/2016), whereby Ld. Tribunal has passed the following orders: "13. We have considered all the contentions raised by all the parties, and we are of the considered view that the present petition is disposed of without going into the merits of the case. Hence, we disposed of CP No. 58 of 2015 with the following directions: i) We hereby appoint Shri T. Hanumantha Reddy, Advocate & Senior Panel Counsel for Central Govt. & Railway Panel Advocate in CAT/HYD, H.No. 6-1-72, Sri Maha Laxmi Meadows, A-1501, Lakdikapool, Hyderabad-4, as Chairperson to conduct Board Meetings and Annual General Meetings for the year 2013-14, 2014-15 and 2015-16 of Zetatek Engineering Systems Private Limited. ii) We hereby appoint Seshachalan & Co., Char .....

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..... and Auditor are directed to complete the above exercise within a maximum period of three months from the date of receipt copy of this order; xi) Both the Chairperson and Auditor are entitled to take any professional service/ assistance required by them depending on the nature of their assignment; and they have to minute/ record all the proceedings and furnish copies to both the parties; xii) Both the Learned Chairperson and Auditor should make all efforts to settle the issue amicably; xiii) The respondents are also directed to co-operate with the newly appointed Auditor, if any services are required by the C.A. xiv) The Registry of NCLT is directed to forward a copy of this Order to the Learned Chairperson and Auditor." 2. The bri .....

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..... ions. 6. It is a settled that when a Court of law or a Tribunal do not decide a case on merit has no jurisdiction to pass any specific order and directions including interim order, though it is always open to the Court/Tribunal to ask the parties to move before an appropriate forum. As we have held that the Tribunal had no jurisdiction to pass any specific order where it has not decided case on merit, we have no other option but to set aside impugned order dated 01.03.2017 passed by NCLT. The said order is set aside, accordingly. The case stands remitted to the Tribunal. 7. Taking into consideration the fact that the case is pending before Tribunal since long, we direct the parties to cooperate with the Tribunal for early disposal of the .....

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