TMI Blog2021 (2) TMI 518X X X X Extracts X X X X X X X X Extracts X X X X ..... question of admission of main case is over. Ld. Counsel for the Respondents frankly admitted that there is no provision in the Act or Rules that for interim reliefs separate applications are not maintainable or such applications can be filed only after admission of the main Petition. Section 242 (4) of Companies Act provides that it cannot be said that application for interim reliefs are not maintainable or such applications can be filed only after admission of the main Petition or if the interim reliefs claimed in the interlocutory applications are entirely covered by the reliefs sought in the main Petition then the applications are not maintainable. Appeal allowed. - Company Appeal (AT) No. 134 of 2020 Company Appeal (AT) No. 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellants: (ii) Seeking directions to nullify any actions taken by Respondent Nos. 2 to 4 pursuant to these illegal appointment/extension of employment agreements: (iii) Ancillary reliefs seeking appointment of professional management for Respondent No. 1: and (iv) Interim and ad-interim reliefs. 3. Alongwith the Petition the Appellants also filed the seven Interlocutory Applications seeking variety of interim reliefs against the Respondents. The Respondent No. 1 to 5 filed Company Petition No. 77/BB/2020 under Section 241 242 of the Act against the Appellants. Both the Petitions were taken up for hearing together on 16.06.2020. Learned Tribunal vide impugned order dated 16.06.2020 disposed of the Appellant s Applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etition order of admission was deferred when admittedly no plea as to maintainability was raised by the contesting Respondents. Thus, there is a discriminatory treatment given to the Appellants. It is also submitted that there is no provision in the Act, or in the NCLT Rules that interim applications are maintainable only after admission of the Petition. It is very strange to hold that interim applications can be filed only after admission of the Petition. It is also submitted that the impugned order is self-contradictory and inconsistent as on one hand the tribunal has disposed of the interlocutory applications on the ground that separate interim applications can be filed after question admission of the Petition. At the same time without a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is over. Ld. Counsel for the Respondents frankly admitted that there is no provision in the Act or Rules that for interim reliefs separate applications are not maintainable or such applications can be filed only after admission of the main Petition. Section 242 (4) of the Act provides that: The Tribunal may on the application of any party to the proceedings make any interim order which it thinks fit for regulating the conduct of the company s affairs upon such terms and conditions as appear to it to be just and equitable 10. In the light of this provision it cannot be said that application for interim reliefs are not maintainable or such applications can be filed only after admission of the main Petition or if the interim relief ..... X X X X Extracts X X X X X X X X Extracts X X X X
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