Home Case Index All Cases Companies Law Companies Law + AT Companies Law - 2018 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (7) TMI 396 - AT - Companies LawMaintainability of appeal - appeal over the rejection of application filled by someone else - Held that:- The appellant was not party in the Company Petition nor the applicant whose application has been rejected. We find that there is no case made out for this Appellate Tribunal to directly entertain the appeal of this appellant and decide the issues which are being raised. It is for the appellant to move appropriate forum for appropriate relief if he is aggrieved. The appellant cannot file the appeal over the rejection of application which was application filed by somebody else. He cannot maintain appeal from order of rejection of an application to which he was not party, nor the company petition in which it was filed. The appellant says that the Company Secretary cannot appear for the company. The Company Secretary says that the company is represented by the 3 Directors respondent nos. 2 to 4 who are marked as disqualified but on filling of returns their case is under reconsideration. The Company Secretary however accepts that he has not filed memo for Respondent no.1. We are not entering into this controversy.
|