2022 (2) TMI 1019

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....PR/2021 on 16.07.2021 at paragraph 5 to 7 had observed the following: "5. At the hearing of this matter on 29.01.2021, the issue of interim relief and admissibility was brought up in both petitions. However, no order was passed or subsequent listing took place due to lockdown. The matter came up in June 2021 on an urgent application upon the action of the majority shareholders for removal of Sh. Manish Kumar Verma from the board of directors which resolution was carried through. Status quo as on that day was granted vide order dated 08.06.2021. No other interim relief was given in CP No. 01/241-242/JPR/2021. 6. It is seen that the interim relief claimed in CP No. 194/241/JPR/2020 is as follows:- A. The Respondent ....

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....ed Counsel for the Appellant is that the Appellant had filed Company Application No. 31/JPR/2021 in CP No. 194/241/JPR/2020, Company Application No. 34/JPR/2021in CP No. 01/241-242/JPR/2021 and the Tribunal has listed the matters, i.e. not only the aforesaid Company Applications and the Main Company Petitions, on 08.03.2022 by issuing directions to the effect that pleadings to be completed in both the 'Company Petitions' and the 'Company Applications' in issue. The Learned Counsel for the Appellant comes out with a plea that when the maintainability of the main Company Petition is urged before the 'Tribunal' and the said application is pending before the Tribunal then, by no stretch of imagination the matter cannot be admitted and in thi....

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....ed view, despite the maintainability application being filed in regard to the issue of validity of the Company Petition, being filed by the concerned party, yet the 'Tribunal' under the Companies Act, 2013 has an inbuilt inherent power, especially, in the teeth of Section 242 (m) of the act, to pass an 'order of admission' and further, passing of an order of admission of Main Company Petition will not preclude the Tribunal to take up the maintainability of the CA No. 31/JPR/2021 at a subsequent stage or to take up the same together with the main Company Petition as it deems fit and proper. Viewed in that perspective, this 'Tribunal' comes to an irresistible and inevitable conclusion that the 'instant Appeal' sans merits and it fails. ....