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2017 (5) TMI 1762 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIValidity of 'the fake Board Resolutions uploaded with the Form No.MGT-14 transferring 500 shares by the 2nd Respondent to 3rd Respondent' - validity of allotment of 90,000 shares solely to the 2d Respondent at the purported Board meeting dated 3rd September, 2014 - HELD THAT:- From reading of the impugned order dated 1st March, 2017, it is found that submissions made by all the parties was not discussed. Ld. Tribunal without going into the merits of the case passed certain orders and directions. It is a settled that when a Court of law or a Tribunal do not decide a case on merit has no jurisdiction to pass any specific order and directions including interim order, though it is always open to the Court/Tribunal to ask the parties to move before an appropriate forum. As it is held that the Tribunal had no jurisdiction to pass any specific order where it has not decided case on merit, we have no other option but to set aside impugned order dated 01.03.2017 passed by NCLT. The said order is set aside, accordingly. The case stands remitted to the Tribunal. Appeal allowed - decided in favor of appellant.
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