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Rahul Dilip Shah & Ors vs Katalyst Software Services Limited & ...

National Company Law Appellate Tribunal15 February 2024

Ratio decidendi

The rule this decision rests on

The appeal is dismissed as infructuous because the appellants have already filed a restoration application before the NCLT on the same subject-matter, which is pending and listed for further consideration; dismissal of the appeal does not foreclose the appellants from pursuing that restoration application to its conclusion in accordance with law.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHIComp. App. (AT) No. 13 of 2024

IN THE MATTER OF: Rahul Dilip Shah & Ors. ....Appellants

Vs.

Katalyst Software Services Ltd. & Ors. ....Respondents

Present: For Appellants: Mr. Varun Garg, Ms. Nitya Prabhakar, Advocates For Respondents: Ms. Namrata Langade, Advocate

ORDER

(Hybrid Mode)

15.02.2024: The Ld. Counsel for the Appellants brings to the notice of

this Tribunal that CA/02(MB)/2024 (Restoration Application/Petition in

CP/925(MB)/2020 was filed before the National Company Law Tribunal,

Mumbai Bench, Court-IV and on 23.01.2024, the Ld. Counsel for the

Respondent therein was directed to file Reply within two weeks by duly serving

a copy of Reply to the other side, at least two days in advance, before the next

date of hearing. Also, it comes to be known that the matter is slated for

consideration on 04.04.2024.

This Tribunal ongoing through the impugned order dated 04.01.2024,

passed by the National Company Law Tribunal, Mumbai Bench, Court-IV in CP

No. 925 of 2020 is of the considered view that the Appellants herein have filed

Restoration application (CA 02(MB)/2024) in CP/925(MB)/2020 and the same

is coming up for further consideration on 04.04.2024. -2-

As such the instant CA (AT) No. 13 of 2024 has become an infructuous and

otiose one. Viewed in that perspective the instant CA (AT) No. 13 of 2024 is

dismissed as an infructuous and otiose one. No costs.

Before parting with the case, this Tribunal makes it lucidly quite clear

that the dismissal of the instant CA (AT) No. 13 of 2024 will not preclude the

Petitioners in Restoration Petition (CA/02(MB)/2024) in CP/925(MB)/2020 to

take its logical end before the Tribunal, of course in the manner known to law

and in accordance with law if they so desire/advise.

Connecting pending Interlocutory applications if any are closed.

[Justice M. Venugopal] Member (Judicial)

[Arun Baroka] Member (Technical)

sr/md Comp. App. (AT) No. 13 of 2024

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