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TMI Blog2022 (7) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... tters, both the Company Petitions ought to have been placed before the Hon ble Acting President/ President on administrative side for posting the CPs before the appropriate Bench. When members have recused themselves from dealing with the matters, they ought to have directed only for placing the matter before the Acting President or President for passing appropriate order for assignment or transfer. After recusing themselves from the matter, the order for transferring the matters to the Chandigarh Bench ought not to have been passed - A question may be asked as to when Acting President who was Member of the Bench has recused himself in the above two Company Petitions, whether on the administrative side the Acting President can pass an or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of pleadings was allowed by the NCLT with liberty to withdraw the CP No. 114 of 2007 and re-file the same with incorporation of the amended and updated facts. After withdrawal of CP No. 114 of 2007 and re-filing after incorporating amendment, Company Petition was numbered as CP No. 54/ND/2021 in which CP order dated 02.09.2021 was passed, giving rise to Company Appeal (AT) No. 118 of 2021. Company Petition No. 144/2016 filed by M/s. Montreaux Resorts Pvt. Ltd. Ors. was also proceeded with the NCLT. There has been an order dated 08.05.2014 passed by the Hon ble Supreme Court in Special Leave Petition (Criminal) No. 6873 of 2010 with SLP (C) No. 23796-23798/2010 wherein the Hon ble Supreme Court vide its judgment dated 08.05.2014 direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ively nearer to the petitioner in the matter. We transfer the files to Chandigarh Bench at the earliest possible time. Chandigarh Bench according to its own convenience will fix the date of hearing. 2. Aggrieved by the order dated 02.09.2021, these two Appeals have been filed. 3. Shri Deepak Khosla, Learned Counsel appearing for the Appellants submits that the order dated 02.09.2021 passed by the Special Bench of the NCLT, New Delhi is nullity. It is submitted that the order is discriminatory and arbitrary to the extent that orders transfer the petition to a different Bench outside Delhi whereas both the Appellants and the Respondents are based at Delhi. It is submitted that the reason for transfer of the Company Petitions is w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Impugned Order dated 02.09.2021 passed by National Company Law Tribunal, Special Bench, New Delhi in CP- 144/ND/2016 shall remain stayed till the next date of hearing. 6. The above interim order is in operation. 7. We have considered the submissions of the Learned Counsel for the parties and perused the record. The impugned order dated 02.09.2021 as extracted above notices in the very first line of the order As both the members of this Bench have recused to take up these matters . Thus, both the Members have recorded that they have recused to take up these matters. Further reason mentioned is that the matters have to be posted before any other Bench at Delhi but since most of the Judicial Members at Delhi are not inclined to tak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to pass a judicial order by a Bench for posting any matter before another Bench but in the facts of the present case, when both the members of the Bench have recused themselves from taking the matter, they ought not to have passed an order of transferring the Company Petitions to Chandigarh Bench. The correct course open for the Bench was to direct the matter to be placed before Acting President or President for passing an appropriate order. The word recused has been defined in P Ramanatha Aiyar, Advanced Law Lex icon, 6th Edition in following manner:- Recuse. To disqualify oneself from participating in a case because of some real or apparent bias or conflict of interest that might reasonably lead someone to question a judge s impar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew Delhi or to be transferred at any other Bench. It is for the President to consider all aspects of the matter and take appropriate decision. 13. We may at this stage also notice the submission of the Counsel for the Respondent Nos. 2 to 4 that in view of the order dated 31.05.2021 passed in CA No. 553/2020 in CP No. 144/2016, the CP no longer survive to be adjudicated. We have noticed that against the order dated 31.05.2021, Appeals have already been filed before this Tribunal which is pending consideration. Further the Appellants have brought on record copy of CA 297/2021 filed before the NCLT in CP 144 of 2016 which is said to be pending consideration. We do not accept the above submission of Shri Jay Salva, Learned Senior Counsel fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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