M/S. Eicher Moters Limited vs Adesh Kaur & Ors

a4. 01.2017 -- Issue notice. SMe Sursiaram, Advoosts, accepts notice an behalf of Mrst Responders. Noe notice need be isaued to her Rest of the respondents are prokgrare neSpondents | and im view of the order we intend to pass, it

an We have heard the for the Respondent and pe

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The National Company Law Tribunal, thercinafier referred to as - Tribunell New Delhi by impugned order dated G& December, 2015,

passed in C.P Na &/ S08 SOLS, has race certain PASSING observation against the Appellant whil i¢ granting 6 weeks' Nme ta Counesl for the

Respondents t¢ ereure certain steps to be inken as per the cirection. 3, From the bo apigNEd Oo mer we And that the Company petition is

pending for adjudication before ¢ the Tribunal There is nothing on record fo suggest that se parafe C.A had been Med by any of the Respondents tp make certain Interim arrangement or to take any action by Securit Eechange Board of India fhereinaiter referred to as SESH. If the SERI has nat taken any actlon against one er other party which ft was reqyaived to (ake even charing the persionoy af the Company petitien, it is well within the juriadiction of the Tribunal to direct the SEBI to take. Steps In accordance with law, any step is required to he taken by SEBI under any low ar guideline against ome or ather party, it may do so following all the procedure.

ay

a. We acvept the submission made an behalf antl he © Appellant: that the adverse observation made a the Tribunal will affect the right of the Appellant and the observation are not based on record, The Tribunal has not relied upen on any record while made aciverse observation against the Appellant.

a. However, as we fins that the Tribunal has not passed an ty Bpecific direction ar made any interim arrangement and ony the Respondents have been granted & weeks' time to ensure definite Step as reqtuired to be taken, In this backeround instead of interfering with the impugned order,

We pass the follwing order,

&. The Tribunal will ensure that Company Petition is heard on mers and decided on an early date uninfluenced kar the observation made in the Impugned order. [twill keen in mind that the matter is pending since 21S. SEBl may take step, Wao required under the xe Law against one or ather party burt it mnuet follow the principles of ne at al justice and ather aiahutany requirements under rules and gic ine "8 s issued from. time to time. The Tribunal cannot awnil the decis hearing, the Tribunal may direct ane

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fy With aforesaid observation, question of law raised in thi appropriate case, The apr observations and directions

pose of the appeal. The

is left open for determination in xis disposed of with aforesnicd wever, there shall be ne order as BO Oct,

Sa (Justice S.J. Mou Khopadhaya) Chairperson

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Sd f+ {Mr. Balvinder Singh! Member [Technicall