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2018 (4) TMI 1812 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIDirection to call AGM - no interim relief was sought for by the petitioner in the petition, but later on after considering affidavit interim order passed by Tribunal, without deciding main case on merits - HELD THAT:- Parties have not disputed that the company petition has been filed with the prayer to direct the 1st Respondent to hold the Annual General Meeting for the Financial Year 2015-16 and the petition is pending for consideration before the Tribunal. The Tribunal has not deliberated on the issues on merit including the question as to which member is eligible or ineligible to take part in the AGM of The Madras Race Club (1st Respondent). Without deliberating on the issue aforesaid, based on the report submitted by an Hon’ble Retired Judge of the Madras High Court the impugned order has been passed without notice to the parties who will be affected - No objection was called by the Tribunal for by the Tribunal against the report of retired Hon’ble Judge about ineligibility of one or other person/member. It is a settled law that the Court or the Tribunal cannot pass an interim order, which amounts to grant of final relief without deciding the main case on merit. In this case as the interim order dated 13th December, 2017 passed by Tribunal amounts to grant of final relief, the order is set aside - In the effect all consequential order(s) passed by Tribunal are declared illegal. Appeal allowed by way of remand.
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