Banu And Sons Pvt Ltd & Anr vs Rishi Shumshere Rana & Ors

1

NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH NEW DELHI COMPANY APPEAL (AT) No.206/2022 In the matter of: Banu & Sons Pvt Ltd & Anr Appellant Vs Rishi Shumshere Rana & Ors Respondent For Appellant: Mr.Abhijit Sinha, Ms Sonia Dube, Ms Surbhi Anand, Mr Abhishek Garg, Advocates. For Respondent: None.

ORDER

18.11.2022: Heard Mr. Abhijit Sinha, learned counsel assisted by Ms Sonia

Dube, learned counsel for the appellant.

The present appeal has been preferred against an order dated

10.10.2022 passed by the Learned National Company Law Tribunal

(hereinafter referred to as 'NCLT'), Court VI, New Delhi in IA No.254/2022 in

CP No.122/2022. By the said order the Learned NCLT has simply dismissed

the IA No.254/2022 filed by the Appellant herein. By the said application

which was purported to be filed under Section 424(1) of the Companies Act,

2013 read with Rule 11 of the NCLT Rules 2016 preliminary objection was

raised regarding the maintainability of the Company Petition. However, the

learned NCLT considering the fact that on last date on 26.08.2022, the

Respondent No.1 and 2 (Appellant herein) were supposed to take steps for

filing reply, however, instead of filing reply in the company petition, they

resorted to file the present application seeking dismissal of the main petition, 2

raising preliminary objection, the same has been dismissed by the Learned

NCLT.

Learned counsel for the appellant, Mr. Abhijit Sinha, by way of referring

to number of documents/annexures tried to persuade that the Company

Petition which was filed by the Respondent herein is not maintainable even

then it has been entertained.

We have considered the material available on record particularly the

impugned order. We are of the considered opinion that the Learned NCLT has

rightly not entertained the application only on the point of preliminary

objection. We also see that sufficient time was granted to the appellant herein

to file reply. We do not find any reason to entertain this appeal. The

appellants herein, if desire may file reply before the Learned NCLT and

whatever objection he intends to take, he may take before the Learned NCLT.

Learned NCLT may take appropriate steps for deciding the main company

petition expeditiously in accordance with law.

With the above observations the appeal stands dismissed.

(Justice Rakesh Kumar) Member (Judicial)

(Dr. Ashok Kumar Mishra) Member (Technical) Bm/gc