Amrit Foods Private Limited vs Union Of India. Through Serious Fraud ...

IN THE MATTER OF: Amrit Foods Pvt. Ltd. ...Appellant

Versus

Union of India ...Respondent Through Serious Fraud Investigation Office

Present: For Appellant : Mr. Ratnanko Banerjee, Sr. Advocate Mr. D.N. Sharma, Mr. Ashish Choudhury and Mr. Akash Agarwal, Advocates.

For : Ms. Sumaiya Bansal, Sr. Prosecutor with Ms. Respondent Upanshu Saini and Ms. Shubhi Agarwal Advocates.

ORDER

(Hybrid Mode)

22.05.2024: This appeal is directed against an order dated

10.05.2024 by which an Interim Order has been passed by the Ld.

Tribunal in respect of clause 1(a) of the interim reliefs sought by the

Petitioner in CP 03/KB/2024 and the main petition has been

adjourned to 18th June, 2024.

Counsel for the Appellant, while challenging the impugned

order, has submitted that though the issue of maintainability of the Petition before the Ld. Tribunal was raised orally but the same has

not been decided. It is submitted that later on an I.A. No. 91/2024

was filed but no order came to be passed in that application. He has

submitted that liberty may be granted to raise the issue of

maintainability on 18.06.2024 when the main petition is taken up

for hearing and direction may be issued to the Ld. Tribunal to

consider the application before proceeding further.

We have heard Counsel for the Appellant and after taking into

consideration the facts and circumstances of the case, the present

appeal is hereby disposed of, maintaining the order by which the

Interim Order was passed as Clause- 1(a) of the Petition, while

directing the Ld. Tribunal, seized of the matter, to consider the

application, if any, filed by the Appellant, challenging the petition

on the ground of maintainability on 18.06.2024 itself, before

proceeding further with the main petition.

[Justice Rakesh Kumar Jain] Member(Judicial)

[Mr. Ajai Das Mehrotra] Member (Technical)

akc/Md.

Company Appeal(AT) No. 159 of 2024 Page 2 of 2