TMI Blog2020 (1) TMI 1102X X X X Extracts X X X X X X X X Extracts X X X X ..... ion to the powers and jurisdiction of a Criminal Court or any other Tribunal/adjudicatory body - it is for the Courts exercising their respective jurisdictions viz., the Court of the learned Magistrate dealing with the complaint under Section 138 NI Act or the NCLT dealing with petitions before it or contempt proceedings arising from those proceedings, to deal with the submissions that the parties before those Courts may make, and pass appropriate orders. In the present matter it will be open to the Respondents to place the facts and developments in the civil suit before the Court dealing with the complaint under Section 138 NI Act and seek orders before that Court. Equally the Appellants in the present appeal would resist those pleas. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mplead as co-Appellants 125 Plaintiffs who were parties in CS (OS) 176 of 2015. Such of those Plaintiffs who have not been able to join the present Applicants are sought to be impleaded as proforma Respondents in the appeal. 2. Having heard learned counsel for the parties and considering that the Applicants are themselves Plaintiffs in the suit, the application is allowed. 3. The amended memo of parties is taken on record. FAO (OS) 8/2020 and CM APPL. 3425/2020 (stay) 4. The subject matter of the present appeal is an interlocutory order dated 11th December, 2019 passed by the learned Single Judge in certain IAs filed by the Defendants/Respondents in CS (OS) 176/2015. The learned Single Judge, while de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Defendants/Respondents should be disbursed pro rata to all Claimants. 8. Mr. Sethi, learned Senior Counsel for the Respondents, raised a preliminary objection about the averments in the memorandum of appeal, which according to him still project the appeal as being filed in a representative capacity by one person claiming to be representative of Blue Coast Aerocity Association . He insists that the averments in the memorandum of appeal would also have to be amended to reflect that 125 of the Plaintiffs are now co-Appellants and their submissions would have to be incorporated correspondingly. 9. As far as this objection is concerned, the Court is of the view that it is hyper-technical in nature. Considering that the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch may cause some inconvenience or, to some extent, prejudice one party or the other cannot be treated as a judgment otherwise the appellate court (Division Bench) will be flooded with appeals from all kinds of orders passed by the Trial Judge. The courts must give sufficient allowance to the Trial Judge and raise a presumption that any discretionary order which he passes must be presumed to be correct unless it is ex facie legally erroneous or causes grave and substantial injustice. 12. For the reasons explained hereafter, this Court is of the view that the portion of the impugned order of the learned Single Judge challenged in this appeal is ex facie legally erroneous and, therefore, appealable. 13. On merits it is sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings, to deal with the submissions that the parties before those Courts may make, and pass appropriate orders. 15. For instance, in the present matter it will be open to the Respondents to place the facts and developments in the civil suit before the Court dealing with the complaint under Section 138 NI Act and seek orders before that Court. Equally the Appellants in the present appeal would resist those pleas. All such submissions will have to be considered by the Court concerned. It is not for the learned Single Judge hearing the civil suit to anticipate what might happen in those proceedings and preventively restrain such further proceedings. 16. Consequently, this Court holds that to the extent that the impugned or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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