9911796707
TMI Blog2024 (8) TMI 1515X X X X Extracts X X X X X X X X Extracts X X X X ..... spent in obtaining the same. The conduct of the applicants is not such as would stigmatise them as some irresponsible litigants. There was no malafide involved or at least presently alleged. No undue advantage is taken by the applicants of their delay in instituting the accompanying appeal. Upon a cumulative consideration of all such circumstances, this is not a matter where the applicant should be denied an opportunity to have his appeal heard on merits. The delay is condoned. X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicants/ appellants have been pursuing the matter with diligence and the question of delay has been considered holistically. 5. We have perused the order dated 21 December 2022 and 09 October 2023 only in the context of submissions now made. By the order dated 21 December 2022, it is not as if Interim Application No. 3663 of 2022 was finally disposed of. Learned Company Judge in paragraph No.17 of the order dated 21 December 2022 issued the following directions:- "ORDER (i) The Applicant in IA No.3663 of 2022 - Grand View, shall deposit an amount of Rs.240 Crores with the Official Liquidator within a period of six weeks from the date of uploading of this order. (ii) The Applicant shall file undertakings to the effect : (a) that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ims Exhibit S to the Application. (v) The Applicant shall deposit a sum of Rs.1,00,000/- with the Official Liquidator for the publication of the aforesaid notices on or before 7 January 2023. (vi) List on 8 February, 2023. (vii) Based on the aforesaid compliances and response, if any, the Court would consider the prayer for permanently staying the winding up order and revival of the Company, and consequential reliefs." 6. The above order clearly states that based on compliances and response, if any, the Court would consider the prayer for permanently staying the winding up order and revival of the Company, and consequential reliefs. At that stage, there was no certainty of the applicants' complying with conditions including the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal without any orders for costs. Interim Application No. 158 of 2024 is disposed of. INTERIM APPLICATION (L) NO. 730 OF 2024 11. Learned counsel for the applicants, based on the instruction, does not press for interim relief but requests that Appeal (L) No. 421 of 2024 be taken up for final disposal at the admission stage at an early date. 12. Learned counsel for the respondents have no objection to this appeal being taken up for final disposal at the admission stage. Accordingly, list Appeal (L) No. 421 of 2024 on 02 September 2024 at 2.30 p.m. for final disposal at the admission stage subject to any overnight part-heard matter. 13. Interim Application (L) No. 730 of 2024 is disposed of. 14. Though this Interim Application is dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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