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2020 (10) TMI 123

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..... tion to the Learned NCLT Kolkata Bench (Kolkata) to urgently decide Misc. App. No. 21/KB/2020 in CP No. 49/2016 preferably within a month. - Company Appeal (AT) No. 112 of 2020 - - - Dated:- 24-9-2020 - A.I.S. Cheema, J. (Member (J)) And Kanthi Narahari, Member (T) For the Appellant : Jayant Mehta, Vikrant Pachnanda and Smiti Verma, Advocates For the Respondents : Shaunak Mitra, Soumya Dutta, Advocates and Party-in-Person ORDER (Through Virtual Mode) 1. This Appeal has been filed by the Appellant Company against Impugned Order dated 4th March, 2020 passed in Misc. Application No. 21/KB/2020 in CP No. 49/2016, by NCLT, Kolkata Bench, Kolkata. It is a short Order which may be reproduced:- Ld. Sr. Counsel for .....

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..... t of the assets of the R-1 until the disposal of the application. Ld. Counsel for the R-1 Company seeks direction for return of the cheques tendered to the Special Officer, being the part of settlement. Subject to decision of the maintainability, it is to be kept with him for the time being. Respondents are directed to pay the fee payable to the Special Officer within two weeks by way of demand draft. R-2 seeks time to file reply affidavit. 2 weeks' time is granted from today to file reply affidavit by serving copy to the other side. Rejoinder may be filed within 2 weeks of receipt of the reply affidavit by serving copy to R-2. Matter stands adjourned to 24/04/2020 for hearing as to the maintainability of the application .....

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..... de by the Appellant. Counsel for Respondent No. 1 2 is submitting that the Kolkata Bench is regularly holding sittings and daily about fifteen matters are being taken up. The Counsel states that he does not dispute that there is urgency and will cooperate with the Appellant for the early decision of the M.A. pending before the Learned NCLT. The Learned Counsel for the Appellant also agrees that the NCLT may be directed to urgently decide the M.A. one way or the other. 5. It appears to us that there is urgency in the matter and in order to protect the interest of the Company it would be appropriate that the Learned NCLT urgently deals with the M.A. 21/KB/2020. The Parties had fairly entered into a settlement and timely action by the Lea .....

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