Mrs. Madhu Verma & Anr vs Mr. Mohinder Kumar Verma

IN THE MATTER OF: MadhuVerma&Anr. ...Appellants Versus Majestic Holdings Pvt. Ltd. &Ors. ...Respondents Present: For Appellants : Mr. Abhimanyu Bhandari, Mr. AvishkarSinghvi, Mr. Arjun Syal, Mr. Mohit Seth, Advocates For Respondents :

ORDER

22.02.2023: Heard Mr. Abhimanyu Bhandari, Ld. Counsel for the

Appellant. It is peculiar case in which the Appellant has assailed an order

dated 19.01.2023 whereby Ld. NCLT while rejecting the application filed by the

Appellant i.e. CA/17/2023 has directed to list the main matter for final hearing

in view of direction given by this Appellate Tribunal in earlier proceeding. It was

submitted by the Ld. Counsel for the Appellant that long back by an order

dated 18.04.2022 this Tribunal had directed the NCLT to decide the main case

within three weeks. It was submitted that without any reason the matter was

kept pending, however in the meanwhile, Respondents started creating

hindrance in respect of ingress and egress of the Appellant on the property in

question. Accordingly, the Appellant herein filed application before the NCLT

mainly for two reliefs:(i) For appointing administrator and(ii) For restraining the

Respondent from making any construction.

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However, ongoing through impugned order it is evident that Ld. NCLT in

compliance with earlier order of this Appellate Tribunal did not entertain the

request for appointment of administrator and proposed to decide the main case

expeditiously. In respect of relief sought for restraining Respondent from

construction, recording the undertaking given by the Respondents not proceed

further with any constructions except the maintenance of boundary wall, the

Ld. NCLT did not pass any further direction. Instead the NCLT in view of earlier

direction of this Tribunal proposed to decide main application expeditiously

and main case was directed to be listed for final hearing on 15.02.2023.

However the present appeal has been filed against the said order.

We are of the opinion that since NCLT in compliance with the order of

this tribunal has proceeded to decide the main application finally, there is no

reason to interfere with the impugned order.We expect that Ld. NCLT may

proceed with the main case and decide it expeditiously in terms of earlier order

passed by this Tribunal as well as in consonance with its own order dated

19.01.2023 which has been impugned in the present appeal.

With above observation and direction the appeal stands dismissed.

[Justice Rakesh Kumar] Member (Judicial)

[Dr. Alok Srivastava] Member (Technical)

sr/gc Company Appeal (AT) No. 32 of 2023