Nulon Global Ltd vs Yash Golyon & Ors

Nulon Global Ltd. Appellant

Versus Yash Golyon & Ors. ... Respondents Present: For Respondent: Shri Sawar Raza and Ms. Ojaswee Gupta, Advocates

ORDER

12.07.20 17 This is a frivolous appeal preferred by the appellant against the

order dated 6th April, 2017 passed by National Company Law Tribunal, Kolkata in

CP No. 130/2015, which reads as follows:

"The matter is fixed for further hearing on the main CP from the side of

the respondent(s).

Meanwhile, the Ld. Lawyer, appearing on behalf of the respondent(s),

pointed out with regard to the pendency of IA No. 117/2017 which is filed on

29-03-2017 only with copy to the petitioner.

The Petitioner fairly submitted that he does not wish to file any reply on

IA No. 117/2017 as the final argument is completed from his side and further

more, final argument is partly completed from the side of the respondent(s).

Thus, at this juncture, no reply is required on IA No. 11712017.

Heard both side at length on IA No. 117/2017.

Fix the matter on 09705-201 7for orders on IA 117/2017 and hearing on

the CP till completion of the argument."

From the impugned order, it is clear that somehow or other the

appellant/ respondent wanted to stall the proceedings. -2-

At this stage, it is pertinent to mention that the company petition was filed

by Respondent/ Petitioner two years back. After its transfer to National Company

Law Tribunal, Kolkata, as per Section 422 of the Companies Act, 2013, the Tribunal

was supposed to dispose of the case within three months. However, as respondent

stalled the proceedings, the case could not be disposed of. The arguments of both

the parties were almost complete, but in the end of the argument, the appellant

filed application for stay. In this background, the Tribunal rightly observed that

the action of the appellant/ respondent amounts to a serious abuse of process of

law and is taking delaying tactics to stall the proceedings.

Learned counsel appearing on behalf of the respondent/ petitioner submitted

that after filing of the present appeal, the appellant preferred another interim

application on 7th July, 2017 requesting the Hon'ble Members to recuse herself from

the case. We deprecate such action on the part of the appellant.

Taking overall view, while we dismiss the appeal with cost of Rs.60,000/- on

appellant for payment in favour of Registrar, NCLAT, New Delhi by demand draft

within a month, request the learned Member of the Tribunal to dispose of the

Company Petition on merit, without granting any unnecessary adjournment to the

parties.

(Justice S.J. Mukhopadhaya) Chairperson

(Balvinder Singh) Member (Technical) / rs/