TMI Blog2021 (10) TMI 1131X X X X Extracts X X X X X X X X Extracts X X X X ..... ement was between the two companies to which the petitioner was not a signatory - HELD THAT:- As in our opinion, for the stand taken by the petitioner, we direct the Appellate Authority to exempt the requirement of pre-deposit as regards this petitioner (M. Umesh), in case he resorts to remedy of appeal in light of the liberty given in terms of this order. In other words, the Appellate Authority s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Shobhit Ahuja, Advocates, for the Petitioner. Shri N. Venkataraman, Vikramjit Banerjee, ASG s, B.V. Balaram Das, AOR, S. Udaya Kumar Sagar, Merusagar Samantray and M.K. Maroria, Advocates, for the Respondent. ORDER SLP(C) No(s). 18534/2019 : This special leave petition is directed against the judgment of the High Court taking the view that the petitioner must avail of the stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven if he is driven to file the statutory appeal. 5. Considering the arguments on both sides, in our opinion, for the stand taken by the petitioner, we direct the Appellate Authority to exempt the requirement of pre-deposit as regards this petitioner (M. Umesh), in case he resorts to remedy of appeal in light of the liberty given in terms of this order. In other words, the Appellate Authority s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The application (I.A. No. 26937 of 2021) seeking permission for discharge of Cyril Amarchand Mangaldas, Advocate-on-Record for the petitioner from the present proceedings is allowed. 11. Mr. M. Jayakumar, Official Liquidator, is now representing the petitioner-company and the same is taken on record. 12. Necessary amendment in the memo of petition be carried out. 13. As requested by the O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt and also before this Court. 18. It will be open to the petitioner to file a formal application before the Appellate Authority for granting exemption from paying 100% pre-deposit amount. That application be considered on its own merits and in accordance with law. We may not be understood to have expressed any view either way in that regard. 19. If the appeal is not filed within three weeks ..... X X X X Extracts X X X X X X X X Extracts X X X X
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