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TMI Blog2022 (2) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... er the Companies Act, 2013 has an inbuilt inherent power, especially, in the teeth of Section 242 (m) of the act, to pass an order of admission and further, passing of an order of admission of Main Company Petition will not preclude the Tribunal to take up the maintainability of the application at a subsequent stage or to take up the same together with the main Company Petition as it deems fit and proper. This Tribunal comes to an irresistible and inevitable conclusion that the instant Appeal sans merits and it fails - Appeal dismissed. - Company Appeal (AT) No. 117 of 2021 - - - Dated:- 22-2-2022 - [Justice M. Venugopal] Member (Judicial) And [Dr. Ashok Kumar Mishra] Member (Technical) For the Appellant : Mr. Naresh Kumar Sejva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s prayed for is same as final relief and imprudent to consider without full perspective of the case. In view of the allegations and cross allegations, besides apparent non-cooperation, it is in the interest of the company and the parties that this matter be heard and decided. This is particularly important in view of the fact that admittedly there was a settlement between the parties in August 2020 which seems to have derailed. In subsequent listing of the case, we have directed the parties to file the replies in both CPs as well as in pending CAs and also to furnish written arguments so that the matter can be heard and disposed of accordingly. The matter stands admitted. Besides status quo as ordered in CP No. 01/241-242/JPR/2021 there can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R/2021, as well as to the main Company Petitions before the next date of hearing, on 08.03.2022 when the matter is slated before the Tribunal. This Tribunal has heard the Learned Counsels appearing for the respective parties and noticed their contentions. Considering the fact that the Tribunal , notwithstanding the fact that maintainability application and the application seeking stay for holding of EGM are pending in the main company petitions before the Tribunal , the Tribunal was perforced to admit the company petitions and went on to observe that the status quo was ordered in CP No. 01/241-242/JPR/2021 and that there could not be any order, at the stage of the issue of any other reliefs etc. Ongoing through the impugned o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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