2021 (10) TMI 138

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... and legal submissions, and as all the facts and submissions recounted herein have a direct and immediate bearing on the equitable, appropriate, proper and efficient administration of justice, it is very humbly and respectfully prayed that this Hon'ble Court may be pleased to : i. Exercising the power of superintendence over Hon'ble National Company Law Tribunal, issue a writ of mandamus, or such other appropriate writ, order or direction to its New Delhi Bench (Bench IV), thereby compelling the aforesaid Tribunal to comply with the directions of the Hon'ble Supreme Court of India issued on 08-05- 2014 in its judgement delivered in SLP (Crl.) No. 6873 of 2010, and thereby take up CP No. 114 of 2007 on 23-09-2020 to dispose ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y Appeal No. 75/2020 by the applicant/petitioner were to the effect "21. RELIEFS SOUGHT: In view of the facts mentioned in para 7 above, points in dispute and questions of law set out in para 8, the Appellant prays for the following relief(s): 1. Quash, strike down and set aside the order dated 07-022020 passed by the Hon'ble National Company Law Tribunal in CP No. 114 of 2007 (Annexure 1). 2. Consequent to prayer 1(a) above, exercise the powers of the appellate court to decide (part of) the lis, and consequently, declare that CA No.47 of 2016 (application for amendment of pleadings) filed by the appellant in CP No. 114 of 2007 in October 2016 stands allowed. Alternatively [to prayer(2)] ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....xercising jurisdiction mandatorily vested in it by the Hon'ble Supreme Court of India. Hence, Article 227 is being invoked to enforce the power of superintendence of the Hon'ble Delhi High Court." 6. Vide order dated 15.2.2021, the present writ petition, i.e., W.P.(C) No. 6798/2020 was directed to be listed along with Crl.M.(Co.) No. 3/2008. 7. Without any observations on the aspect as to whether in view of the order dated 16.3.2020 of the NCLAT dismissing the appeal Company Appeal( AT) 75/2020, the prayers made in the present petition can be considered, it is essential to observe that vide order dated 13.1.2021 in the present proceedings, the petitioner represented through her legal representative had submitted that CA. No. 373/2008 ....