Mr. Ram Avtar Khandelwal vs Kamalkunj Developers Private Limited & ...
- CitationCompany Appeal (AT) No. 77 of 2021
Ratio decidendi
The rule this decision rests on
The order disposes of the appeal by following the reasoning of the Tribunal in Company Appeal (AT) No. 143 of 2022, which is reproduced in the order. The principle it adopts from that decision is that where the Tribunal below has directed a status quo during the pendency of a petition under Sections 241-242 of the Companies Act, 2013, and the main petition has been pending for an extended period without final disposal, the status quo order does not disclose an error warranting interference in appeal, and the Tribunal below should be directed to dispose of the main petition expeditiously.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Ram Avtar Khandelwal ....Appellant
Vs.
Kamal Kunj Developers Pvt. Ltd. & Ors. ....Respondents
Present: For Appellant:- None. For Respondent:- Ms. Sagrika Joshi, Advocate for R- 2, 4 & 9.
ORDER
20.10.2022: Pursuant to the order dated 08.08.2022 the Ld. Counsel for
the Appellant has filed the up-to-date order sheet passed by the Tribunal in the
matter wherein last order dated 28.07.2022 reveals that the matter was
adjourned to 06.09.2022. The Order dated 06.09.2022 has not been filed by the
Ld. Counsel for the Appellant nor any body appeared on behalf of the Appellant.
2. Ms. Sagrika Joshi, Advocate appears on behalf of the Respondent informed
this Bench and produced the order dated 20.09.2022 passed by this Appellate
Tribunal in analogous matter i.e. Company Appeal (AT) No. 143 of 2022 wherein
the Appellate Tribunal passed the following orders:
".....
8. We are of the considered opinion that once the Ld. NCLT has passed an order for maintaining a 'status quo' during pendency of the Petition, filed under Section 241-242 of the Act, the Ld. NCLT has committed no error. It is also not in dispute that main petition was filed in the year 2018 and till date no final disposal -2- has been taken. Accordingly, while dismissing the present appeal, it is desirable to observe that Ld NCLT may take appropriate steps for disposal of the main petition so that all the disputes may come to an end at the earliest.
With above observations, the Appeal stands dismissed."
3. In the light of the aforesaid order passed by this Appellate Tribunal, this
Appeal is disposed of.
[Justice Anant Bijay Singh] Member (Judicial)
[Ms. Shreesha Merla] Member (Technical)
R.N./Kam./
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