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TMI Blog2024 (2) TMI 262X X X X Extracts X X X X X X X X Extracts X X X X ..... in CA No.73/97/HYD/2016 and once again the Appellant , seeking to agitate the relief in CP No.385/2019, pending before the Tribunal , this Tribunal , is of the earnest view that according to the 2nd Respondent , the instant Appeal , has become an Infructuous one and furthermore, the Appellant is not pressing for the relief sought for, in the instant Appeal , hence the Appellant , is not pressing the relief in the instant Appeal , seeking permission from this Tribunal to withdraw the same. This Tribunal , taking into account of the Appellant s contents of the Memo , dated 30.10.2023, filed before this Tribunal , in the instant Appeal , at this juncture, simpliciter, is of the considered view that the Appeal , has become an Infructuous one , especially the Appellant , is not pressing for the relief in the instant TA (AT) No.113/2021 (Comp App (AT) No.200/2019), and accordingly, the said `Appeal , is Dismissed , as an Infructuous one . Appeal dismissed. - TA (AT) No.109/2021 (Company Appeal (AT) No.151/2019) (IA Nos.1997/2019 923/2023) WITH TA (AT) No.110/2021 (Company Appeal (AT) No.153/2019) (IA Nos.2001/2019 924/2023) , WITH TA (AT) No.113/202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this relief in CP No. 385/2019 pending before the Hon ble NCLT From the above said Memo , dated 30.10.2023, it is evident that the Appellant , had mentioned that the relief sought for in IA No.52/2018 to punish Dr. Subba Rao (Respondent No.2) vide `Order , dated 27.02.2017 and in the instant Appeal , the relief was sought to `Set aside Order, dated 22.04.2019, passed by the National Company Law Tribunal , Hyderabad Bench in IA No.52/2018 in CA No.73/97/HYD/2016 and to punish the Contemnor / Respondent No.2 , in accordance with `Law . In this regard, the Appellant , takes a stand that the Appellant , is not pressing the relief, in the instant Appeal . Further, in the Memo , dated 30.10.2023, the Appellant , has prayed for a relief, in the instant Appeal , directing the Contemnor / Second Respondent , to forthwith comply with `Orders , dated 27.02.2017 and 08.03.2018, passed by the National Company Law Tribunal , Hyderabad Bench in CA No.73/97/HYD/2016. In this regard, the Learned Counsel for the Appellant , craves leave to seek and agitate the relief in CP No.385/2019, pending before the National Company Law Tribunal . Added further, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional Company Law Tribunal, Hyderabad Bench in IA No.53/2018 in CA No.73/97/HYD/2016 and b)Direct the approval and adoption of financial statements including the Auditor s report as circulated by the statutory Auditor for FY 2013-14, 2014-15 and 2015-16 and c) Declare that the Chairman appointed by Ld. Tribunal vide order dated 27.02.2017 has become functus officio. Appellant craves leave to seek and agitate this relief in CP No.385/2019 pending before the Hon ble NCLT. The Learned Counsel for the Appellant , further states that the Appellant , in the instant Appeal , has preferred for relief to `Set aside Order dated 22.04.2019, passed by the National Company Law Tribunal , Hyderabad Bench, in CA No.73/97/HYD/2016 and for issuance of direction, in regard to the approval and adoption of financial statements, including the Auditor s report as circulated by the Statutory Auditor for FY 2013-14, 2014-15, 2015-16 and further, relief has been sought to the Chairman , appointed vide Order dated 27.02.2017, has become functus officio , and despite the same, the Appellant , in the instant Appeal , through a Memo , craves leave to seek and agi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w Tribunal, Hyderabad Bench in CA No.73/97/HYD/2016; and d) Direct the Respondents to allow Appellant to inspect the records of the Company and obtain copies of the same as required, in any mode both physically and electronically; and Appellant craves leave to seek and agitate this relief in CP No.385/2019 pending before the Hon ble NCLT. In the instant TA (AT) No.113/2021 (Comp App (AT) No.200/2019), on the file of this Tribunal , the Appellant , is so far as the relief sought for `Set aside Order, dated 16.05.2019, passed by the National Company Law Tribunal , Hyderabad Bench in IA No.365/2018 in IA No.52/2018 in CA No.73/97/HYD/2016 and to punish the Contemnor / Respondent No.2 , in accordance with `Law . The Appellant , comes out with a crystalline stand that she is not pressing the said relief. Not resting to the above, in the said Memo , dated 30.10.2023, the Appellant , had also while seeking relief in the instant Appeal , for issuance of directions to the Contemnor / 2nd Respondent , to forthwith comply with the `Order , dated 08.03.2018, passed by the National Company Law Tribunal , Hyderabad Benc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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