Anoop Sharma vs Cargo Flash Infotech Pvt. Ltd. & Ors
- CitationCOMPANY APPEAL (AT) No.19 of 2023
Ratio decidendi
The rule this decision rests on
Where a delay in re-filing an appeal has been explained adequately and there is no reason to refuse, the delay in re-filing is condoned. Where a final order on an application has not been passed by the Adjudicating Authority, it would not be appropriate for the Appellate Tribunal to pass a positive order on the merits of that application; the appeal against an interlocutory order in such circumstances may be disposed of with a direction that the Adjudicating Authority decide the application expeditiously and on its merits. Where the appeals against the same impugned order have been disposed of by a common order and the subject-matter of the other appeals is thereby rendered infructuous, those appeals are dismissed as infructuous.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1
NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH NEW DELHI COMPANY APPEAL (AT) No.19 of 2023 In the matter of: Anoop Sharma Appellant Vs Ascent Air Pvt Ltd & Ors Respondent For Appellant:Mr Gaurav Mitra, Mr. Joby Bhargesh, Mr. Ishan Roy Chaudhary, Advocates. For Respondent: Abhijit Sinha, Mr. Abhinav Sharma, Advocates for R1. Mr. Krishnendu Datta, Sr. Advocate, Mr. Prashant Pakhiddey, Mr Manav Gill, Ms Lakshmi Dwivedi, Mr. Byran Sequeira, Advocates. With COMPANY APPEAL (AT) No.20 of 2023 In the matter of: Anoop Sharma Appellant Vs Cargo Flash Infotech Pvt Ltd & Ors Respondent For Appellant:Mr Gaurav Mitra, Mr. Joby Bhargesh, Mr. Ishan Roy Chaudhary, Advocates. For Respondent: Abhijit Sinha, Mr. Abhinav Sharma, Advocates for R1. Mr. Krishnendu Datta, Sr. Advocate, Mr. Prashant Pakhiddey, Mr Manav Gill, Ms Lakshmi Dwivedi, Mr. Byran Sequeira, Advocates. With COMPANY APPEAL (AT) No.21 of 2023 & IA No.395/2023 In the matter of: Anoop Sharma Appellant Vs 2
Cargo Flash Infotech Pvt Ltd & Ors Respondent For Appellant:Mr Gaurav Mitra, Mr. Joby Bhargesh, Mr. Ishan Roy Chaudhary, Advocates. For Respondent: Abhijit Sinha, Mr. Abhinav Sharma, Advocates for R1. Mr. Krishnendu Datta, Sr. Advocate, Mr. Prashant Pakhiddey, Mr Manav Gill, Ms Lakshmi Dwivedi, Mr. Byran Sequeira, Advocates. With COMPANY APPEAL (AT) No.22 of 2023 & IA No.391/2023 In the matter of: Anoop Sharma Appellant Vs Ascent Air Pvt Ltd & Ors Respondent For Appellant:Mr Gaurav Mitra, Mr. Joby Bhargesh, Mr. Ishan Roy Chaudhary, Advocates. For Respondent: Abhijit Sinha, Mr. Abhinav Sharma, Advocates for R1. Mr. Krishnendu Datta, Sr. Advocate, Mr. Prashant Pakhiddey, Mr Manav Gill, Ms Lakshmi Dwivedi, Mr. Byran Sequeira, Advocates.
ORDER
20.03.2023:
Company Appeal (AT) no.21 of 2023.
In view of the earlier order dated 24.02.2023 the Registrar has submitted a
detailed report. Report suggests that the submission made by Mr. Gaurav
Mitra, learned counsel for the appellant that defects were removed is correct.
However, since delay in re-filing was not condoned as per order of the
Registrar the appeal was listed with note i.e. 'with defects'. In re-filing, delay
has occurred. Delay was more than 30 days and this was the reason that the 3
Registrar vide order dated 31.01.2023 directed to list the matter before the
Bench for appropriate orders. Delay in refiling has appropriately been
explained and as such there is no reason not to condone the delay in refiling.
Accordingly IA No.395/2023 in re-filing the appeal is allowed and delay in
refiling the appeal stands condoned.
Company Appeal (AT) no.22 of 2023.
In view of the earlier order dated 24.02.2023 the Registrar has submitted a
detailed report. Report suggests that the submission made by Mr. Gaurav
Mitra, learned counsel for the appellant that defects were removed is correct.
However, since delay in re-filing was not condoned as per order of the
Registrar the appeal was listed with note i.e. 'with defects'. In re-filing, delay
has occurred. Delay was more than 30 days, this was the reason that the
Registrar vide order dated 31.01.2023 directed to list the matter before the
Bench for appropriate orders. Delay in refiling has appropriately been
explained and as such there is no reason not to condone the delay in refiling.
Accordingly IA No.391/2023 in re-filing the appeal is allowed and delay in
refiling the appeal stands condoned.
Since in both the appeals i.e. Company Appeal (AT) No.21 and 22/2023
similar order has been assailed, with the consent of the parties both appeals
were heard together and both the appeals are being disposed off with common
order.
In Company Appeal (AT) No.22/2023, order dated 14.10.2022 has been
assailed which was passed in CA No.392/2022 whereas in Company Appeal
(AT) NO. 21/2023 order dated 14.10.2022 has been assailed which was 4
passed by Learned NCLT, New Delhi in CA No.397/2022. In both the
applications the learned Tribunal had granted time to file reply and adjourned
the hearing. It is admitted at bar that both the applications are pending before
Learned NCLT. In both the applications pleadings are complete.
In view of the fact that no final order has been passed on CA
No.392/2022 and 397/2022 it would not be appropriate for us to pass any
positive order. Instead the appeals can be disposed off with an observation
that the learned NCLT may take appropriate steps for passing final order on
these two applications expeditiously.
With above observations both the appeals are disposed off. It goes
without saying that the learned NCLT may decide both the applications on its
merits.
Company Appeal (AT) No. 19/2023 and 20/2023
In view of order passed by this Tribunal just now in Company Appeal
(AT) No. 21/2023 and 22/2023 these appeals have become infructuous and
are dismissed as same have become infructuous.
(Justice Rakesh Kumar) Member(Judicial)
(Dr. Alok Srivastava) Member (Technical) Bm/gc
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