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2023 (4) TMI 1144 - AT - Companies LawOppression and mismanagement - setting aside of the allotment of shares and removal of the applicant/Respondent No.1 herein from the Board of Directors - HELD THAT:- It is true that in the present proceeding after reply filed by the Respondent the appellant have also filed rejoinder but facts remains that in compliance with the impugned order subsequent development had already been taken place which has been elaborated in the reply filed by Respondent No.1. It is further evident that in the present case impugned order which was passed by the Learned NCLT exercising jurisdiction under Section 424(3) of the Act was exercised only with a view to implement the order passed in CP No.30/2014. Moreover, repeatedly it has been asserted in the Memo of Appeal as well as during argument also that the impugned order was passed ex-parte but facts remains that after filing of the Misc A. No.1065/KB/2018 the appellants participated in the proceeding. They filed reply and thereafter abstained in participation on the date of final arguments. It is also not in dispute that the order dated 3rd August, 2017 had attained its finality since it is admitted fact that against the said order no appeal was filed which is reflected from the record itself. Once in a proceeding initiated on an allegation of oppression and mismanagement of a company a final order is passed, it is the duty on the part of the NCLT/Appellate Authority to see implementation of the said order if request is made by the judgement holder. The Respondent No.1 being judgement holder and noticing the fact that even after expiry of the period of limitation the order was not being implemented, he was constrained to file an application under Section 424(3) of the Companies Act which was numbered as Misc A. No.1065/KB/2018. Appeal dismissed.
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