Sparold Technologies Pvt. Ltd. & Anr vs Shuchindra Narendra Gadre & Ors
- CitationCompany Appeal (AT) No. 275 of 2018
Ratio decidendi
The rule this decision rests on
The appellate tribunal declined to interfere with an interim order directing payment of arrears of remuneration to a director, reasoning that the order concerned salary payable to the respondent and would not affect the appellants. It then directed that the appellants' grievance about the non-communication of an earlier order be placed before the judicial member who passed it, so that a copy may be made available; the appeal was disposed of on that basis.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Sparold Technologies Pvt. Ltd. & Anr. ...Appellants
Vs
Shuchindra Narendra Gadre & Ors. ....Respondents
Present: For Appellant: Ms. Radhika Gautam, Advocate. For Respondents:
ORDER
06.09.2018: While the Appellants have preferred this appeal against an
interim order dated 8th May, 2018, submitted that the National Company Law
Tribunal, Mumbai Bench, Mumbai earlier on 9th January, 2018 passed an
interim order prohibiting the Respondent to remove one of the Appellant as
Director. The copy of the order passed by the Tribunal has not been
communicated to the Appellants, nor certified copy of the same has been received
by them. The Respondents thereafter moved an application for interim relief, it
was opposed by the Appellants. The Tribunal thereafter passed order directing
payment of arears of the remuneration to the Respondent - Director by interim
order dated 8th May, 2018.
Having heard learned counsel for the Appellants while we are not inclined
to interfere with the impugned order dated 8th May, 2018, which relates to -2-
payment of salary in favour of the Respondent which otherwise will not affect the
Appellants, we allow the Appellants to bring to the notice of the Hon'ble Member
Judicial, Mumbai Bench, who passed the order dated 9th January, 2018 with
request to direct the Registry to issue a copy of the said order. We hope and
trust that when the matter would be brought to the notice of Hon'ble Member
Judicial, he will take steps to make available copy of order dated 9th May, 2018,
if any, passed by the Tribunal.
The appeal stands disposed of with aforesaid observations.
Let a copy of this order be communicated to Hon'ble President, NCLT, 6th
Floor, ITBP Building, Block-3, CGO Complex, New Delhi, for information.
[Justice S. J. Mukhopadhaya] Chairperson
[Justice Bansi Lal Bhat] Member (Judicial) am/uk
Company Appeal (AT) No. 275 of 2018
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