Puja Khaneja vs Om Innovation Call Services ...

IN THE MATTER OF: Puja Khaneja ....Appellant

Vs.

Om Innovation Call Services Pvt. Ltd. & Ors. ....Respondents

Present: For Appellant: Mr. Tishampati Sen, Ms. Riddhi Sancheti, Mr. Anurag Anand, Mr. Mukul Kulhari, Mr. Anand, Advocates For Respondents: Mr. Saurav Agrawal, Mr. Shresth Choudhary, Advocates for R-2. Ms. Aakriti Dawar, Advocate for R-3. Ms. Samiksha Tiwari, Advocate for R- 4, 5, 6.

ORDER

(Hybrid Mode)

13.02.2024: Heard the Ld. Counsel for the Appellant in CA (AT) No. 46 of

2024 on the file of this 'Tribunal'. The grievance of the Ld. Counsel for the

Appellant appears to be that the Appellant is to make payments on behalf of

the Respondent No. 1/Company for the month of February, 2024.

A mere perusal of the IA/30/2024 in main Company Petition No.

99/241-242/ND/2023 filed by the Appellant/Petitioner before the National

Company Law Tribunal, New Delhi, Court-VI. It is quite clear that the

directions for release of payments had not been extended for the month of

February, 2024 and according to the Petitioner/Appellant the payment should

have been made before 10.02.2024 and since the Tribunal had not passed any

interim order in permitting the Appellant to make the payments to be made on

behalf of Respondent No.1/Company for the month of February, 2024, the CA (AT) No. 46 of 2024 2

instant CA (AT) No. 46 of 2024 is preferred by the Appellant/Petitioner before

this Tribunal.

It is quite evident from the impugned order dated 01.02.2024 in

Company Petition No. 99/241-242/ND/2023 that the Tribunal had ordered

only notice to the Respondents/Parties and next date of hearing is slated on

15.02.2024.

In view of the facts that the instant Company Petition No. 99/241-

242/ND/2023 is coming up for hearing after issuance of notice on earlier

occasion by the Tribunal, and this Tribunal keeping in mind yet another

primordial fact that the Petitioner/Appellant has not suffered any legal

grievance so as to come within the ambit of an 'aggrieved person' to prefer an

'Appeal' before this 'Tribunal', as per Section 421 of the Companies Act, 2013,

in the considered opinion of this Tribunal the instant CA (AT) No. 46 of 2024 is

perse not maintainable.

At this stage, the Ld. Counsel for the Appellant seeks permission from

this Tribunal to withdraw the instant CA (AT) No. 46 of 2024. Acceding to the

said request the instant CA (AT) No. 46 of 2024 is dismissed as withdrawn. No

costs.

Before parting with the case, this Tribunal, permits the Ld. Counsel for

the Petitioner/Appellant to make a mention before the 'Tribunal' when the

IA/30/2024 in main CP No. 99/241-242/ND/2023 comes for hearing that the

CA (AT) No. 46 of 2024 3

payments will have to be effected before 15.02.2024 and the 'Tribunal after

hearing the parties, can pass orders in the subject matter in issue, in which

event, the 'Tribunal' shall take in the consideration of the plea made on behalf

of the Appellant and to pass a reasoned speaking order on merits, in a fair,

just, and in a dispassionate manner, of course in accordance with Law after

adhering to the 'Principles of Natural Justice' in True Letter and Spirit.

Connected pending Interlocutory Applications, if any are closed.

[Justice M. Venugopal] Member (Judicial)

[Dr. Alok Srivastava] Member (Technical)

sr/md

CA (AT) No. 46 of 2024