NCLAT dismissed the company appeal challenging an interim order ...
Corporate Governance Dispute: NCLAT Rejects Appeal Against AGM Interim Order, Emphasizes Judicial Discretion and Procedural Nuance
April 12, 2025
Case Laws Companies Law AT
NCLAT dismissed the company appeal challenging an interim order regarding an Annual General Meeting (AGM). The Appellate Tribunal held that interlocutory orders exercising discretionary powers are not typically appealable under Section 421. The tribunal emphasized that procedural principles from previous cases cannot be mechanically applied to interim applications, particularly when judicial discretion involves human prudence. The court directed the lower tribunal to consider any future stay vacation application independently, without being influenced by the current observations, and to expeditiously decide the pending interlocutory application in accordance with legal provisions.
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