Prabir Mukherjee vs Mis. Jatia Cotton Mills Limited & Ors

Prabir Mukherjee ... Appellant

Versus

MIs. Jatia Cotton Mills Limited & Ors. ... Respondents

Present: For Appellant: Dr. Kriplendu Dutta, Senior Advocate with Shri Atanu Mukherjee, Advocate

For Respondents Nos. 7 & 8: Shri Arvind Kumar and Ms. Henna George, Advocates

ORDER

18.09.2017

I.A. No. 592 of 2017:

Having heard Dr. Kriplendu Dutta, learned senior counsel appearing

for the appellant and the learned counsel appearing on behalf of the

respondent and being satisfied with the grounds, the delay in

preferring the appeal is condoned. I.A. No. 592 of 2017 stands

disposed of.

Company Appeal (AT) No. 305 of 2017:

The appellant, who is one of the respondents in C.P.

No.04/ 2013, filed C.A. No. 87 of 2017 before Tribunal with the

request to hear three Company Petitions together on the ground that

the parties are common. Learned Tribunal, Kolkata Bench, Kolkata, -2-

by the impugned order dated 11th July, 2017, refused to tie all the

cases together on the ground that the relief sought for in the

Company Petitions are not identical.

The question as to whether the Company Petition should be

heard along with other Company Petition(s) or not, depends on the

nature of the case including the relief sought for in each of such

petitions. It is for the court/ tribunal to decide as to whether they are

to be heard together or separately. In these circumstances, if the

Tribunal decide the Company Petitions separately, the Appellate

Tribunal cannot exercise its powers under Section 421 of the

Companies Act, 2013, in absence of any illegality in the impugned

order. The appeal is accordingly dismissed. No costs.

(Justice S.J. Mukhopadhaya) Chairperson

(Justice A.I.S. Cheema) (Balvinder Singh) Member (Judicial) Member(Technical)

/ ng/