9911796707
TMI Blog2021 (12) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that the petitioners, had challenged the order dated 01.03.2021 passed by the National Company Law Tribunal (NCLT) (hereinafter referred to as the "Tribunal") before this Court and this Court has all through out protected till the order dated 26.10.2021 passed disposing of the writ petition with a liberty to the petitioners to approach the Tribunal requesting the stay of the order dated 01.03.2021. It is submitted that the petitioners should not be non suited only on the ground of filing of the appeal after 45 days. The Tribunal has got the powers to condone the delay for 30 days and for another 15 days as per the provisions of the Insolvency and Bankruptcy Code, 2016. It is urged that let the National Company Law Appellate Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated 26.10.2021 passed by this Court in Special Civil Application No.5042 of 2021 and more particularly para 5, it is submitted that the petitioner, in the earlier round of litigation, has requested this Court to pass similar order as passed in Special Civil Application No.11031 of 2021. It is submitted that this Court, in para 8.1, has directed the Tribunal to notify I.A. No.537 of 2020, I.A. No.567 of 2020 & I.A. No.700 of 2020 and other allied matters for the purpose of providing an opportunity to the petitioners to make further prayers for stay, after the pronouncement of the decision, which was already pronounced on 01.03.2021. This Court, had made it clear that the order dated 01.03.2021 passed in the proceedings, shall remain as i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use of process of Court and that the withdrawal may not be permitted and the petitions be dismissed with exemplary cost. 3.2 It is further submitted that on 08.11.2021 and 10.11.2021, two writ petitions were filed, one by the petitioners and another by the another petitioner in Special Civil Application No.16755 of 2021. It is submitted that the respective petitioners, have moved the vacation Court only with a view to seeing that by any how, they get the order. In fact, the Appellate Tribunal, had reopened on 08.11.2021 and therefore, the petitioners could have filed an appeal as prayed for; however, the petitioners, only with a view to abusing the process of Court, have filed the captioned writ petitions. The intention behind filing the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereafter the matters were not notified in the cause list published by the Tribunal for pronouncement. It is only when the petitioners received the email from Resolution Professional intimating the uploading of the order dated 01.03.2021, the petitioners came to know about the order. According to the petitioners, in absence of the listing of the matters for pronouncement of judgment, the pronouncement cannot be construed to be pronouncement in the realm of law. In support of such contention, reliance was placed on the judgment rendered by the High Court of Bombay in the case of Kamal K. Singh v. Union of India rendered in Writ Petition No.3250 of 2019. In the interregnum, in the similar such writ petition being Special Civil Application No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the request of the stay of order was acceded to and the order dated 01.03.2021, was kept in abeyance for a period of two weeks in order to enable the concerned parties to prefer appeal. Neither the order dated 26.10.2021 nor the order of the Tribunal dated 29.10.2021 were construed to mean that liberty was reserved in favour of the petitioners to prefer writ petition under Article 226 of the Constitution of India. The present writ petitions, have been filed once again with a prayer to quash and set aside the order dated 01.03.2021. The present writ petitions are nothing but an attempt on the part of the petitioners to re-litigate the vary same cause which was the subject matter of the writ petition in the earlier round of litigation. This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the declaration as required; however, the petitioner chose not to do so. Be that as it may. 8. In view of the aforementioned discussion, the present writ petitions are nothing but an attempt on the part of the petitioners to abuse the process of Court, relitigating the same subject matter. Such action on the part of the petitioners is deprecated. This Court, would have accepted the request on behalf of the respondent No.1 for dismissal of the writ petitions; however, considering the fact that dismissal of the writ petitions would confirm the order dated 01.03.2021 wherein other parties were also before the Tribunal. Therefore, this Court deems it fit to permit the petitioners to withdraw the present writ petitions imposing the cost of Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
