Appellant withdraws appeal making case infructuous, NCLAT dismisses appeal after withdrawal request granted

The NCLAT Chennai dismissed the appeal as infructuous after the appellant sought permission to withdraw. The appellant was no longer pressing for relief to set aside NCLT Hyderabad's order dated 16.05.2019 and punishment of the contemnor/respondent. The appellant filed a memo dated 30.10.2023 indicating she was not pursuing the relief sought in the appeal. The NCLAT found the appeal had become infructuous given the appellant's withdrawal request and dismissed it accordingly.

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Issues Involved:
1. Contempt of court and compliance with previous orders.
2. Inspection and access to company records.
3. Approval and adoption of financial statements.

Summary:

Issue 1: Contempt of Court and Compliance with Previous Orders
- TA (AT) No.109/2021 (Company Appeal (AT) No.151/2019): The Appellant initially sought to punish Dr. Subba Rao for willful contempt of the order dated 27.02.2017 and to set aside the order dated 22.04.2019 passed by the NCLT, Hyderabad Bench. However, the Appellant is not pressing for this relief and seeks leave to agitate the issue in CP No.385/2019 pending before the NCLT. The Tribunal dismissed the appeal as infructuous without granting leave to agitate the relief in CP No.385/2019.

- TA (AT) No.113/2021 (Company Appeal (AT) No.200/2019): The Appellant sought to set aside the order dated 16.05.2019 and to punish Dr. Subba Rao for willful disobedience of the order dated 08.03.2018. The Appellant is not pressing for this relief and seeks leave to agitate the issue in CP No.385/2019 pending before the NCLT. The Tribunal dismissed the appeal as infructuous without granting leave to agitate the relief in CP No.385/2019.

Issue 2: Inspection and Access to Company Records
- TA (AT) No.109/2021 (Company Appeal (AT) No.151/2019): The Appellant sought a direction for Dr. Subba Rao to hand over all company records and to allow inspection and obtaining copies of the records both physically and electronically. The Appellant craves leave to agitate this relief in CP No.385/2019. The Tribunal dismissed the appeal as infructuous without granting leave to agitate the relief in CP No.385/2019.

- TA (AT) No.113/2021 (Company Appeal (AT) No.200/2019): The Appellant sought a direction for the Respondents to hand over Tally Back Up and allow inspection and obtaining copies of the records. The Appellant craves leave to agitate this relief in CP No.385/2019. The Tribunal dismissed the appeal as infructuous without granting leave to agitate the relief in CP No.385/2019.

Issue 3: Approval and Adoption of Financial Statements
- TA (AT) No.110/2021 (Company Appeal (AT) No.153/2019): The Appellant sought to set aside the order dated 22.04.2019 and to direct the approval and adoption of financial statements for FY 2013-14, 2014-15, and 2015-16. The Appellant also sought to declare that the Chairman appointed by the Tribunal has become functus officio. The Appellant craves leave to agitate this relief in CP No.385/2019. The Tribunal dismissed the appeal as infructuous without granting leave to agitate the relief in CP No.385/2019.

Conclusion:
The Tribunal dismissed all three appeals (TA (AT) No.109/2021, TA (AT) No.110/2021, and TA (AT) No.113/2021) as infructuous without granting leave to agitate the reliefs in CP No.385/2019 pending before the NCLT. No costs were awarded, and all connected pending interlocutory applications were closed.

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