9911796707
TMI Blog2017 (6) TMI 1294X X X X Extracts X X X X X X X X Extracts X X X X ..... .The Writ Petition has been filed against the order of the National Company Law Tribunal (NCLT) dated 13.06.2017. 3.Heard Mr.Srinath Sridevan, learned counsel appearing for the petitioner. 4.The learned counsel for the petitioner submitted that the National Company Law Appellate Tribunal is currently in the midst of its summer vacation and it re-opens only on 03.07.2017. Further, the learned c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tes & Constructions Ltd. & Anr. vs. Securities and Exchange Board of India & Ors.] wherein the Calcutta High Court held as follows: "31.In my opinion, while the power under Article 226 can be exercised for (a) judicially reviewing a decision or order of the Board in absence of a functioning Tribunal, and (b) for examining the validity of the decision or order when its validity is challenged que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Authority is implemented, the petitioner would be put to prejudice and hardship, since they will lose the right of appeal under Section 61 of the Code in the absence of the Tribunal functioning during the summer vacation. 7.In view of the submissions made by the learned counsel appearing for the petitioner, following the ratio laid down by this Court in the judgment relied upon by the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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