TMI Blog2020 (9) TMI 308X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, order or direction to suspend the agenda nos. 4, 5 and 6 of the Annual General Meeting dated 17/08/2020 of the Respondent No.2; (B) During the pendency and final disposal of this petition i) Stay the re-appointment of Respondent No.3 as the Managing Director of Respondent No.1 and also stay the appointment of the Respondent No.4 as the Director and Whole Time Director of the Respondent No.1; (C) Award cost of this petition; (D) grant such other and further reliefs as may be deemed just and expedient. On consideration of the rival submissions, it appears that petitioner has made few grievances in Company Petition No. 93 of 2018, Company Petition No. 38 of 2019, Interlocutory Application No. 499 of 2019 in Compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 422 of the Companies Act, 2013 which reads thus: 422. Expeditious disposal by Tribunal and Appellate Tribunal.-(1) Every application or petition presented before the Tribunal and every appeal filed before the Appellate Tribunal shall be dealt with and disposed of by it as expeditiously as possible and every endeavour shall be made by the Tribunal or the Appellate Tribunal, as the case may be, for the disposal of such application or petition or appeal within three months from the date of its presentation before the Tribunal or the filing of the appeal before the Appellate Tribunal. (2) Where any application or petition or appeal is not disposed of within the period specified in sub-section (1), the Tribunal or, as the case may be, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the question abovereferred. 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(supra) 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. In other words, to maintain the aforesai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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