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2017 (10) TMI 1552 - HC - Companies LawSeeking restraint on directors from transferring any immovable property of the company to respondent - also seeking directors from expelling the appellants from the membership of the company - HELD THAT:- The writ petitioners, who also claim to be directors of the company, but not made parties before the NCLT, being aware of the proceedings as before the NCLT, filed the writ petition and challenged the interim order as passed by the NCLT and based thereon the learned single Judge has granted interim relief as noted above. We have heard the appellants as well as the respondents and have considered the matter. In our view, as the proceedings before the NCLT are pending and as the NCLT has assumed jurisdiction in the matter, to avoid multiplicity of proceedings, it would only be just and proper that respondents 1 to 9 herein who were the nine writ petitioners, approach the NCLT and raise their grievance. They are at liberty to raise the issue of jurisdiction as well, if they are so advised. But surely the orders of the NCLT cannot be assailed in this indirect manner. Let it be noted that under the provisions of the Companies Act, 2013 against any order of NCLT, an appeal lies to National Companies Appellate Tribunal. In such situation, the learned single Judge ought not to have entertained the writ petition nor passed the interim order - the writ petition is dismissed with liberty to the parties to move the NCLT in the matter for whatever relief they may seek.
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