2020 (7) TMI 749

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er in these writ petitions are running companies of which, the 2nd petitioner is the Managing Director. It is stated that there were on going disputes between the share holders of the company, who are members of the same family. It is stated that nine company cases are pending before the NCLT in respect of the companies of which the parties herein are share holders. It is submitted that while the matters were being considered by the NCLT, an attempt was made for amicable resolution of the disputes and the matter had been referred for mediation. The mediation did not succeed and the company cases, which were posted for report of the mediator on 6.7.2020, stood adjourned. While so, an I.A. was filed by the respondents seeking directions to re....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CLAT and that no e-filing is provided at the NCLAT at its principal bench. The learned counsel for the petitioners submits that even though appeals had been prepared and sent by mail and by post to the NCLAT, the petitioners have been categorically informed that there can be no filing of appeals through e-mail or by post and that the filing has to be carried out at the principal bench of the NCLAT by an authorised person. It is contended that the said course of action is an impossibility in the present scenario and that the petitioners may be permitted to carry out the essential day-to-day financial transactions of the company till either an appeal can be filed before the NCLAT or the NCLT considers the matter on merits. 5. The learned c....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....is further contended that the appeal preferred before the NCLAT contains an undertaking that no challenge has been made to the order under appeal which is clearly a false statement. It is further contended that the case stands posted to 7.8.2020 before the NCLT on which date, the 2nd petitioner would be free to raise all these allegations as against the orders passed by it. 6. I have heard the learned counsel appearing on either side and have considered the contentions advanced in considerable detail. It is an admitted fact that the company petitions nine in number were pending before the NCLT. In the impugned order itself, the NCLT refers to the prayers in the company petitions and post the matter for hearing of the I.A. to 7.8.2020. Th....