Mr. Surojit Kumar, Mr.Lakhi Chand And ... vs Registrar Of Companies, Kolkata

2. The other Company Appeal No. 30 of 2016 has been preferred by the appellants for similar relief, which roads as follows:

"an view of the facts mentioned in para 7 above, fucts in

wsue and questions of law set out i Pore 8, the Appellants

prays for the folowing reliefs}:

fa} Stay of operation of Order dated G1' August 2016;

ib} Stay of all further proceedings against the Appellants in respect af the alleged violations of Section 2277/3) of the Companies Act 1956 as mentioned in the Compenunding

Appliowions oy relatian to Prancal Statement af Kiev

Pomance Ltd. from SI8 March 201] to 31% Morch 2034;

fe} An Order of injunction restraming the. Ret and/ar MCA from taking steps or further steps on the basis of the impugned Onier dated 31s August £016,

id) The Compounding Applications fled by the Appellants being the DNrectars of the Company u/s 217{S)} of the companies Act 2856 in respect of the Pirancial Statement of the Company as at 318 March ROT] toe Sis March 2014 be considered only under the provisions of Companies Act 79.56;

ie] The Compounding Amount in respect of Compounding Applications of the Appellants for alleged vielation af Section: 2177/0) of the Companies Act 1966 in reypect of the Financial Statement ofthe Company as at GI March O071 to Ale Merch 2014 be consalered in. RGAt of the provisions contained im Companies Act 1956;

i Circular issued by MCA on 4° April 2014 be considered while hearing of the Appen! in respect af the Compounding Applications af the Appeliania um respect af Financial Statement af Kiev Minunece Lid. as af GIS March 202] to 8is' Merch 2014;

ig) Ad-intevim Order in terms of prayers aboue,

th) Such further or other Order or Orders be passed and/or a direction or directions be given as tins Hon ble Appellate Myibunal may deem fi & proper."

3. Dn 1&h December 2016 when the matter was taken up, the Court

noticed that in the Index wherein the appellant has enclased a so called

eopy of the Gmpugned Order dated $0 September 2016 passec fan CUP. 3120/2015, which reads as follows: -

"id. Py CS is present for the qnphcants. Ady. Anil Murarke, Pro OS representing the agphcanis submitted that compounding application wader Section

DUS(3Nb) of the Companies Act, 1956 was heard and

decided on S* Auguat S016. The Pr. CS has stated that his apnlication for review of the order be admitted and the error i the order be rectified.

The gnpugned order hus been passed on merit. NOLT does nof have any power to nevieu ls ander, However, if amplcanis Rave any gmevance they may prefer appedl before the anpropriate Court. The application for review is not maintamadble, hence dismissed."

8. The same very Crder alleged to have been impugned in the analogous appeal.

B, Barber the appellanis were alowed ome toa fle the copy of the Order dated 5b August 2016 which they wanted for review.

6 'Two copies of the Order both dated S® Auguat 2016 have been fled, ane

massed in CLP. No. 119 of 2G15 end the other passed in CLP.Ne, 120 af QOS. : }

os

From the perusal of both the Orders dated St August 2016 we find that on two separate apphecatians both under Section 621 A of the Companies Act 1988, the NCLT, Kolkata Bench were Med for com pounding offence. Therein lesser periaity hes been imposed. However, both the Orders dated 56 August 2016 are not under challenges.

8. m the aforesaid background and as no substantive relief has been scught for im both the appeals aa quoted above, which are interim in nature or a question of law raised which can be determined only on challenge of the

Orders dated SS August 2015, we find no reason to entertain these owa inoomplete appeals. Accordingly, both Company Appeal No. 29 of S016 and Company Appeal No. SO of $016 are dismissed.

9. However, Nberty is given to the appellants to challenge the Orders dared

te

NCLT, Nelkata Bench if they are aggrieved, slong with petition for condonation

af delay if any, caplaininig the delay.

iJustios S.J. Mukhopacdhayal

CHAT eETSOn

iMr. Balvinder Singh} Member (Technical)