Aabad Marketing Private Limited vs Respondent

Aabad Marketing Pvt. Ltd. ....Appellant

Vs.

---- ....Respondent

Present: For Appellant: Mr. Smit Patel and Mr. Mayank Shah, Advocates For Respondent:

ORDER

(Hybrid Mode) 2.1.2025 - This Appeal is against an impugned Order dated 12th

September, 2024. It is the submission of the learned Counsel for the Appellant

that a penalty of Rs.1 lakh was imposed upon the Appellant only on the ground

that two Advocates have appeared for the Appellant on 12th September, 2024

namely Ms. Madhulika Mishra, PCS and Mr. Smit Patel, Advocate, which led to

the passing of an Order inviting penalty.

2. It is the submission for the Appellant on 23rd May, 2024, a Board

Resolution was passed appointing Mr. Smit Patel as a Counsel for the Appellant

and this fact was communicated to the earlier Counsel on the same day itself

vide a letter dated 23.5.2024, annexed at page No.43 of the paper

book. Thereafter the matter was listed before the learned NCLT on

two occasions i.e. on 6th June, 2024 and on 25th July, 2024 when

only Mr. Smit Patel, Advocate had appeared for the Appellant

and no appearance of Ms. Madhulika Mishra was recorded.

Ms. Madhulika Mishra, however, appeared on 12th September, 2024 as she had 2

some legal fee issues with the appellant and it led the learned NCLT to pass the

impugned Order.

3. It is submitted now Ms. Madhulika Mishra, Advocate has given No

Objection Certificate, shared with us on the screen and hence it is requested the

penalty of Rs.1 lakh be waived. The present Appeal was filed on 11th October,

2024, hence No Objection Certificate given on 7.11.2024 was not filed along with

the Appeal.

4. The matter before the learned NCLT pertains to merger.

5. In the circumstances, it would be appropriate if the impugned Order is

modified to an extent that in case the No Objection Certificate of Ms. Madhulika

Mishra is filed on record before the learned NCLT prior to 9th January, 2025, the

penalty imposed of Rs.1 lakh shall stand waived lest the Appellant shall be liable

to make payment as directed by the learned NCLT.

6. The Appeal stands disposed of in terms of the above. Pending applications,

if any, also stand disposed of.

[Justice Yogesh Khanna] Member (Judicial)

[Indevar Pandey] Member (Technical)

rs/md

Comp. App. (AT) No.391 of 2024