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2022 (2) TMI 1019 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHIMaintainability of application - application seeking stay for holding of EGM are pending in the main company petitions before the Tribunal - HELD THAT:- Ongoing through the impugned order of the Tribunal, this Appellate ‘Tribunal based on the facts and circumstances of the case is of the considered opinion that the same, does not require any interference, because of the fact that this Tribunal is of the considered view, despite the maintainability application being filed in regard to the issue of validity of the Company Petition, being filed by the concerned party, yet the Tribunal under the Companies Act, 2013 has an inbuilt inherent power, especially, in the teeth of Section 242 (m) of the act, to pass an order of admission and further, passing of an order of admission of Main Company Petition will not preclude the Tribunal to take up the maintainability of the application at a subsequent stage or to take up the same together with the main Company Petition as it deems fit and proper. This Tribunal comes to an irresistible and inevitable conclusion that the instant Appeal sans merits and it fails - Appeal dismissed.
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