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2023 (10) TMI 359 - AT - Companies LawViolation of principles of natural justice - Petition for Oppression and Mismanagement dismissed as withdrawn without furnishing any reasons for denying liberty - HELD THAT:- When a ‘civil suit’, is filed, all the provisions of the ‘Civil Procedure Code’, 1908 will apply, pertaining to the ‘conduct of the proceedings before Court’. However, in respect of proceedings filed under the ‘Companies Act, 2013’, the procedure, to be followed, shall be as ‘specified in the Rules’ - As a matter of fact, any order, passed by the Tribunal / Appellate Tribunal, shall be enforced as a ‘Decree’, passed by the ‘Court’. The fetters of ‘Civil Procedure Code’, are not binding on the ‘Tribunal’, and the ‘Appellate Tribunal’, but they are guided by the ‘Principles of Natural Justice’. The ‘power to grant ‘permission to withdraw’ a ‘suit’ with ‘Liberty to file a fresh suit’, is to be used very cautiously. Also that ‘withdrawal of a suit’, as ‘plaintiff’, wants to file fresh ‘suit’ ‘on a new cause of action’, ‘Leave’ of the court, is not required - A ‘Court of Law’, cannot exercise its ‘discretionary jurisdiction’ de-hors, the ‘Statutory Law’ and in fact, ‘its discretion’ must be exercised in terms of the ‘existing statute’. It cannot be brushed aside, that the ‘grant of such a relief’, in the light of express provisions of the ‘statute’, to the contrary, ‘is not permissible’. After all, ‘Equity’ must yield to ‘Law’, as opined by this ‘Tribunal’. More importantly, this Tribunal, points out that a ‘Civil Court’, does not ‘Grant Leave’, to file ‘another suit’. If the ‘Law’, permits, the ‘plaintiff’, may file ‘another suit’, ‘but not on the basis of ‘observations’ made by a superior court’. This ‘Tribunal’, significantly, points out that a ‘Petitioner’, has no right to withdraw his ‘Application’ / ‘Petition’ filed before the ‘Tribunal’, unless, he is granted ‘Leave’, to withdraw the Application/ ‘Petition’. Once he is granted the ‘Leave’, the ‘Withdrawal Application’/ ‘Petition’ under sub-Rule (1) of Rule 82 of the NCLT Rules, 2016 shall be filed in Form NCLT 9. Appeal dismissed.
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