Sanjeev Ramesh Doshi & Ors vs Rescon Manufacturing Co. Pvt. Ltd. & Ors

02.06.2023: In the present appeal an IA No.2528/2023 has been

filed for exemption from filing certified copy of the impugned order

due to the reason that the appeal was to be filed immediately and

as such it could not be filed. We are of the opinion that since we

are hearing the appeal on merit without issuance of notice to other

side, the exemption for filing certified copy is allowed.

Heard Mr. Aman Singhania, learned counsel for the

appellant.

The present appeal under Section 421 of the Companies Act,

2013 has been preferred against an order dated 18.04.2023

passed by the National Company Law Tribunal, Mumbai Bench in 2

Company Petition No.99/MB/2020. The order dated 18.04.2023

is reproduced hereinbelow:-

"1. Ms Sonal a/w Ms Milan A hebballi, learned counsel for the

Petitioners present. Mr Karl F Tamboly, learned counsel for the

Respondent present.

2. On the request of counsel for the Respondent, this matter is

posted for next week. In the meanwhile, Counsel for the

Respondent submits that they have challenged the order dated

28.02.2023, where at para four this Bench had listed this

matter for further clarifications. However, this Bench recalls

that clarification was limited to the aspect whether the

Respondent company has filed its audited financial statement

with the MCA and if he yes, up to which year it has been filed,

so that the issues raised in CA-376/2021 can be addressed

from the inspection of those financial statement itself.

3. List this matter for further consideration on 27.04.2023."

Learned counsel for the appellant submitted that Learned

Tribunal without having any jurisdiction to review its order has

virtually reviewed the order dated 28.02.2023 passed in

CA.338/2022, CA 376/2021, CA 391/2021 in CP/99(MB)/2020. 3

However, on perusal of the earlier order i.e. order dated 28.02.2023

and comparing the order impugned it is evident that by the

impugned order Learned Tribunal had only clarified the position

in respect of para 4 of order dated 28.02.2023 which is reproduced

hereinbelow:-

"1. Ms Sonal, learned counsel for the Petitioner present. Mr

Nirav Barot, learned counsel for the Respondents present.

2. Ld counsel for the Respondents are directed to file three

years financial statements and copies of ledger statements of

all the related parties as appearing in the notes to accounts in

these financial statements.

3. If the respondents are willing to by the holding of Petitioner

they are at liberty to tender the offer.

4. List this matter for further clarification on 18.04.2023."

On examination of the aforesaid two orders it is evident that

by the impugned order the learned Tribunal has only clarified the

position in respect of last part 4 of order dated 28.02.2023. In

such situation we donot find that there is any need for the

appellant to assail the said order. This impugned order is

clarificatory in nature in relation to para 4 of order dated 4

28.02.2023. Meaning thereby the order appears to be innocuous

and in such situation there is no occasion to interfere with the

impugned order.

The appeal stands dismissed.

(Justice Rakesh Kumar) Member (Judicial)

(Dr. Alok Srivastava) Member (Technical) Bm/manu