Shakambari Consultants & Builders vs Deegee Infracon Private Limited & Ors

Shakambari Consultants & Builders ....Appellant

Vs.

Deegee Infracon Pvt. Ltd. & Ors. ....Respondents

Present: For Appellant:- Mr. Nikhil Anand, Advocate. For Respondent:- Mr. Adith Nair, Mr. Vikash Mehta, Advocates for R- 2.

ORDER

14.09.2022: The Ld. Counsel for the Appellant and Respondent No. 2 are

present.

2. The Appellant has filed this Appeal being aggrieved and dissatisfied by the

order dated 10.08.2021 passed by the National Company Law Tribunal (Court-

V, Mumbai Bench) in CP 221/MB/2021 whereby the Tribunal directed to list the

matter along with all the connected IA filed in the matter for further hearing on

08.10.2021.

3. The Ld. Counsel for the Appellant has filed the I.A. No. 3321 of 2022 for

condonation of delay in filing the present Appeal. The Ld. Counsel for the

Appellant while pressing the I.A. referred to paragraph 4 of the I.A. it is stated

that this Appeal was filed on 29.12.2021 and relying on the orders dated

10.01.2022 passed by the Hon'ble Supreme Court in Miscellaneous Application

No. 21 of 2022 in Miscellaneous Application No. 665 of 2021 in Suo Moto Writ -2-

Petition (C) No. 3 of 2020 in para 5.1 has excluded the time period from

15.03.2020 till 28.02.2022 for the purposes of the limitation as may be

prescribed under the general or special laws in respect of all judicial or quasi-

judicial cause.

4. In view of the judgment passed by the Hon'ble Supreme Court, the delay,

if any, is hereby condoned. I.A. No. 3321 of 2022 is disposed of.

5. Heard the Ld. Counsel for the Appellant on merit. During the course of

argument brought to the notice of this Bench, the next date of hearing is fixed

on 09.10.2022 before the Tribunal.

6. After hearing Learned Counsel for the parties, we dispose of the instant

Appeal with a request to the National Company Law Tribunal, (Court-V, Mumbai

Bench) to expedite the hearing in the matter and pass appropriate orders at an

early date.

7. With these observations, the instant Appeal is disposed of.

8. Registry to upload the order on the website of this Appellate Tribunal and

send the copy of this order to the National Company Law Tribunal, (Court-V,

Mumbai Bench) forthwith.

[Justice Anant Bijay Singh] Member (Judicial)

[Ms. Shreesha Merla] Member (Technical)

R.N./Kam./

Company Appeal (AT) No. 39 of 2022