9911796707
TMI Blog2024 (6) TMI 1450X X X X Extracts X X X X X X X X Extracts X X X X ..... echnical) For the Appellant : Mr. K. Gaurav Kumar, PCS. For the Respondents : Mr. P.H. Arvindh Pandian, Senior Advocate, For Mr. Pawan Jhabakh, Mr. Jerin Asher Sojan & Mr. Ujjwal Jain, Advocates, For R2-R. ORDER 1. It has become a quite common feature of the proceedings which are being instituted before the NCLAT, that voluminous records running in several volumes are being filed, includ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions of sections 241 & 242 under the same facts (these being Company Petition Nos.3/2023 and 22/2023) has, by the Impugned Order dated 09.05.2024, only directed that all the Company Petitions, referred above are to be placed before the Hon'ble Chairperson for the nomination of an appropriate bench, so that all the lis may be decided together so as to avoid the possibility of passing of contradict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not deciding a right, will not fall to be within the ambit of Appellate Jurisdiction under section 421, like the one at hand. 4. In the instant case, when the proceedings were taken up on 09.05.2024, the bench of the Learned Tribunal, realized the fact that there are other Company Petitions which were pending, and hence the Tribunal thought it appropriate to refer the matter to the Hon'ble Chairp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... involving consideration of the same issue, had no option except to refer the matter to the Hon'ble Chairperson for the nomination of an appropriate bench to decide the matter in a congruent manner. 6. The observation thus made that the court is not inclined to grant any Interim Relief, "at this juncture", has been misconstrued by the learned counsel for the Appellant, as if it amounts to denial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iding or affecting any of the right of the Appellant. 7. This Company Appeal would stand dismissed and the dismissal of this Appeal may not be construed, as the dismissal of the pending Interim Order Application, which is to be adjudicated upon, on its own merits in accordance with law, and quite obviously only after the order of the consolidation of the Company Petitions to be passed by the Hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X
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