2020 (9) TMI 308

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....any Petition No. 89 of 2019 along with all IA's filed therein which are pending before the National Company Law Tribunal within 3 months and till that time the agenda No.4,5 and 6 of the AGM to be held on 17/08/2020 be stayed and/or not given effect to; (AA) Issue an appropriate writ, order or direction to suspend the agenda nos. 4, 5 and 6 of the Annual General Meeting dated 17/08/2020 of the Respondent No.2; (B) During the pendency and final disposal of this petition i) Stay the re-appointment of Respondent No.3 as the Managing Director of Respondent No.1 and also stay the appointment of the Respondent No.4 as the Director and Whole Time Director of the Respondent No.1; (C) Award cost of this petiti....

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....s to maintainibilty of the petition for the respondent no.2 not being the State or other authority within the meaning of Article 12 of the Constitution of India, the petition would be maintainable for other relief as well. For the consideration of the main relief, it would be relevant to refer to Section 422 of the Companies Act, 2013 which reads thus: "422. Expeditious disposal by Tribunal and Appellate Tribunal.-(1) Every application or petition presented before the Tribunal and every appeal filed before the Appellate Tribunal shall be dealt with and disposed of by it as expeditiously as possible and every endeavour shall be made by the Tribunal or the Appellate Tribunal, as the case may be, for the disposal of such applicatio....

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.... expediting the cases pending with the NCLT. Without entering into the technicality as to whether such directions can be only issued under Article 227 of the Constitution of India and not under Article 226 of the Constitution of India as urged by learned senior counsel Mr. Navin Pahwa, this court would address the question abovereferred. Pertinently the legislature being aware of the hard pressed situation where the judicial manpower is disproportionately way far lower than the quantum of the litigation has used the expression "shall make an endevour" in Section 422(supra) while binding the Tribunal to a time frame and thus the Tribunal, and for that matter all judicial forums being hard pressed with the cases on its file can only make a....