9911796707
TMI Blog2021 (11) TMI 1042X X X X Extracts X X X X X X X X Extracts X X X X ..... idharth Aggarwal, Adv., Ms. Divya Bhalla, Adv., Mr. Anuj Shah, Adv., Mr. Kunal Dutt, Adv., Ms. B. Vijayalakshmi Menon, AOR, O R D E R By way of these two appeals, the interim orders dated 13.09.2021 in Company Appeal (AT) No. 106 of 2021 and dated 29.09.2021 in Company Appeal (AT) No.113 of 2021, as passed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi (Hereinafter also referred to as 'NCLAT' or 'the Appellate Tribunal') are sought to be questioned. 2. The matters emanate from the proceedings in CP No.108/241- 242/PB/2021, CP No.118/241-242/PB/2021 and CP No.135/241- 242/PB/2021, pending before the National Company Law Tribunal, New Delhi (Hereinafter also referred to as 'NCLT' or 'the Tribunal') ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under: - "We have heard the learned counsels for the parties and we are of the considered view that there cannot be any appointment, of either Independent Directors or Administrator, at this point of time, particularly when the Hon'ble Appellate Tribunal is seized of the matter, however we are very clear that the Hon'ble Appellate Tribunal had not stopped us from opening the sealed cover containing the Commissioner's report and going through the same for our own satisfaction and to get information about the Company. Therefore, we have decided to open the sealed cover and go through the report and keep the report for ourselves until there is clarity by the Hon'ble Appellate Tribunal. We will take an appropriate call on the matter only a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llate Tribunal. ii) Further, the Ld. NCLT, New Delhi shall suo motu also itself not quote, rely upon any paragraph, passage or word of the report till the Appeal is decided by this Tribunal. iii) Further, Status Quo as prevailing today shall be maintained by the parties in question." 7. The aforesaid order dated 29.09.2021 is sought to be questioned in Civil Appeal No. 6480 of 2021. The said order has effectively arrested the effect of the commissioner's report which, in terms of the Appellate Tribunal's order, is not to be relied upon by the parties or even by NCLT. With the matter standing thus, the said two appeals [Company Appeal (AT) Nos. 106 of 2021 and 113 of 2021] are pending before NCLAT. 8. We are informed that yesterday ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eadings by 23.11.2021. Hence, we also deem it appropriate to provide that after completion of pleadings, if the parties make a request for taking up the said appeals on a date even prior to 06.12.2021, such a request may also be given due consideration by Appellate Tribunal. In any case, we would request the Appellate Tribunal to take a final decision in the said two appeals at the earliest.
11. Subject to the observations foregoing, the present appeals stand disposed of. Needless to observe that we have not made any comments on merits of the case either way and all the submissions of the parties, obviously, remain open to be advanced before the Appellate Tribunal or the Tribunal, as the case may be. X X X X Extracts X X X X X X X X Extracts X X X X
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