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Sonia Khosla vs Sameer Kudsia & Ors

National Company Law Appellate Tribunal8 March 2021

Ratio decidendi

The rule this decision rests on

The Tribunal will not grant directions in anticipation of future proceedings, aimed at prospectively binding the adjudicating forum in a fresh company petition to follow the directions earlier given in a different appeal, where the application seeks only to enforce directions already passed and not to obtain any substantive relief.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHII.A. No. 444 of 2021inCompany Appeal (AT) No. 36, 43-47 of 2016

IN THE MATTER OF: Mrs. Sonia Khosla (Through L.R.) ...Appellant. Versus Mr. Sameer Kudsia & Ors. ...Respondents. Present: For Appellant: Mr. Deepak Khosla, Mr. Shoron Paul, Mr. Shenoy Das, Advocates. For Respondent: None.

ORDER

(Virtual Mode)

08.03.2021 Heard Learned Counsel for the Applicant. He states that this

Application is filed to reiterate directions given earlier and directions to enforce

directions already passed. The purpose of the Application is as specified in

Paragraph 7 of the Application, which reads as under:

"7. That the purpose of this Application is only to seek specific directions from this Hon'ble Appellate Tribunal to prevent future appeals, by seeking a direction to the effect that all the directions passed by this Hon'ble Tribunal in the present Appeal in relation to C.P. No. 114 of 2007 would apply with equal vigour to CP No. 54 of 2021 file in lieu of CP No. 114 of 2007, such as, but not restricted to:

a) That no application under Section 8 shall be entertained.

b) That no frivolous application shall be entertained from either side.

2 c) That the Respondent, having forfeited his right to file any documents in support of his position, shall not be allowed to do so.

d) That the CP shall be heard on day-to-day basis.

e) That the adjudication of the CP shall be completed within 3 months."

2. Learned Counsel for the Applicant is referring to the orders passed to

submit that as to why this Application should be entertained. However, we have

gone through the Application and the object of the Application is clear from

Paragraph 7 as reproduced above. We are of the view that such orders as are

being sought for future and orders in anticipation just to enforce directions

already passed, is not called for.

There is no substance in the Application. The Application is dismissed.

[Justice A.I.S. Cheema] Member (Judicial)

[Dr. Alok Srivastava] Member (Technical)

Basant B./md

Company Appeal (AT) 36, 43-47 of 2016 I.A. No. 444 of 2021

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