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2020 (9) TMI 308 - HC - Companies LawQualification/disqualification of some of the independent Board of Directors and one or more agenda scheduled on 17.08.2020 - misappropriation of funds - Section 422 of the Companies Act, 2013 - HELD THAT:- Pertinently the legislature being aware of the hard pressed situation where the judicial manpower is disproportionately way far lower than the quantum of the litigation has used the expression "shall make an endevour" in Section 422 while binding the Tribunal to a time frame and thus the Tribunal, and for that matter all judicial forums being hard pressed with the cases on its file can only make an endevour for expeditious hearings with the limited manpower and infrastructure. Under such situation, the petition can be entertained with the aforesaid grievance only and only when the default on the part of the Tribunal is explicitly demonstrated by the cogent facts. No such explicit material is placed on record; in absence whereof, it will be inappropriate to issue the direction which may result into expediting the case at the cost of other cases requiring hearing expeditious than the case on hand. That apart, it appears that except in one case where the directions were sought from the National Company Law Appellate Tribunal for expeditious hearing of the case, the petitioner does not seem to have moved any application with the Tribunal itself for the purpose. Therefore there would be no question of mandamus in absence of representation to the Tribunal itself and the related failure of the Tribunal in discharging its duties. There is no rebuttal to the submission of the learned senior counsel shri Soparkar that infact the dispute is a family dispute. The Board of Directors comprises of petitioner's father, his uncle, nephew etc. and viewed from that angle it appears that the platform under Article 226 of the Constitution of India is sought to be used for settling the family scores. Therefore also this court would not exercise the extra ordinary jurisdiction for the purpose. Petition dismissed.
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