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Vikas Promoters Pvt. Ltd. & Ors vs Abinash Chander Mahajan & Ors

National Company Law Appellate Tribunal12 September 2017

Ratio decidendi

The rule this decision rests on

The appeal against an order passed on 22nd March, 2017 is dismissed as not pressed and as barred by limitation, where the condonation-of-delay ground shown was found unsatisfactory and the appellant, through counsel, did not press the appeal. Where an order has become final and is not interfered with, a subsequent order which rests on the same earlier order is not reopened merely because the appellant has deposited a further sum; the appellant may bring the deposit to the Tribunal's notice, but this does not entitle it to adjust any sum against the amount directed to be deposited without a specific direction permitting such adjustment.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALNEW DELHICompany Appeal (AT) Nos. 299-300 of 2017IN THE MATTER OF:

Vikas Promoters Pvt. Ltd. & Ors. . . .Appellants

Versus

Abinash Chander Mahajan & Ors, ...Respondents

Present: For Appellants: Mr. Sunil Fernandes and Mr. Siddharth Sharma, Advocates.

For Respondents: Mr. K. Datta and Ms. Prachi John, Advocates.

ORDER

12.09.2017 - One of the impugned order was pronounced by the

Tribunal in open Court on 22nd March, 2017. A petition for

condonation of delay has been filed in respect of such order. However,

as we are not satisfied with the ground shown by the appellant,

learned Counsel for the appellant submits that the appellant will not

press the appeal against the order dated 22nd March, 2017 passed in

Company Petition No.1 10(ND)2009. It is accordingly dismissed as not

pressed and being barred by limitation.

In so far as the other impugned order dated 4th August,

2017 is concerned, Learned Counsel for the appellants submitted that

the Tribunal was requested to modify the order dated 22nd March,

2017 on the ground that the appellants have subsequently deposited

amount of Rs. 3.5 crores. However, as the impugned order dated 22nd '4

-2-

March, 2017 has reached finality, we are not inclined to interfere with

the order dated 4th August, 2017.

However, this order will not come in the way of the appellant to

bring to the notice of the Tribunal that they have deposited a sum of

Rs.3.5 crores, but that does not mean that we have allowed the

appellant to adjust the sum of Rs.50 lakhs against the said amount.

Both the appeals are dismissed with aforesaid observations.

(Justice S.J. Mukhopadhaya) Chairperson

(Justice A.I.S. Cheema) (Balvinder Singh) Member (Judicial) Member(Technical)

ar

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