9911796707
TMI Blog2024 (2) TMI 1188X X X X Extracts X X X X X X X X Extracts X X X X ..... oner had filed an Appeal challenging the Order dated 14th September 2021 on 2nd November 2021. A hearing was held in the said Appeal on 7th June 2023 and Petitioner filed its written submissions on 7th August 2023. Despite the same, and despite a period of more than 2 years having elapsed, Respondent No. 2 has not passed any order on the said Appeal. It is informed that the Presiding Officer of Respondent No. 2, who heard the said Appeal on 7th June 2023, has changed. In these circumstances, it would be in the interests of justice that Respondent No. 2 is directed to re-hear the Appeal and pass an order in the said Appeal filed by the Petitioner, in accordance with law, within a period of four months from the date of intimation of this Orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s. Ingenico e-Payments India Private Limited. Subsequently, the name of the Petitioner was changed to its present name. 4. By an Order dated 8th October 2018, the National Company Law Tribunal (NCLT) at Mumbai had sanctioned a scheme of amalgamation between Tech Process Payment Services Pvt. Ltd. ( Transferer Company ) and the Petitioner ( Transferee Company ) and their respective shareholders. 5. The said NCLT Order, along with the sanctioned scheme, was received by the Petitioner on 16th October 2018. Upon obtaining the same, the Petitioner suo-motu lodged the said Order along with the Scheme of Amalgamation, for adjudication, as directed in paragraph 7(e) of the said Oder dated 8th October 2018 passed by NCLT. The application for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11. It is further the case of the Petitioner that the final hearing in the said Appeal was held on 7th June 2023 and the Petitioner filed its written submissions on 7th August 2023. However, till date, Respondent No. 2 has not passed any order in the said Appeal. 12. Further, despite the same, Respondent No. 3 addressed a letter dated 23rd January 2024 to ICICI Bank Ltd. directing provisional attachment of the Petitioner s bank account for recovery of stamp duty and penalty. 13. By a letter dated 6th February 2024, addressed to the Petitioner, ICICI Bank Ltd. informed it that it had received instructions from Respondent No. 3 for freezing the Petitioner s bank account. 14. In these circumstances, the Petitioner has filed the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 023 and written submissions filed on 7th August 2023, even after a period of more than two years from the date of filing of the said Appeal, the same has not been decided by Respondent No. 2. On the other hand, the Respondents have issued the said Demand Notice dated 16th March 2022 and have also directed attachment and freezing of the Petitioner s bank account by the said letter dated 23rd January 2014. It is the submission of Mr. Naphade that the Respondents ought not to have taken such coercive steps till the disposal of the Appeal. He also submitted that grave prejudice has been caused to the Petitioner as, on the one hand, no order is been passed in its Appeal, and, on the other hand, coercive steps are being taken against it pursuant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Petitioner. On one hand, the said Appeal is not being decided for a period of more than two years and, on the other hand, coercive action like issuing the Demand Notice dated 16th March 2022 and the letter dated 23rd January 2024 are taken against the Petitioner pursuant to the very Order which is challenged in the said Appeal. We would, however, like to clarify that we have not gone into the merits of the matter and, therefore, all contentions of the parties on merits will be kept open. 18. In the aforesaid circumstances, we pass the following Orders: a. Respondent No. 2 is directed to re-hear Appeal No. 227 of 2021 filed by the Petitioner and pass an Order, in accordance with law, expeditiously and, in any case, within a pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
