TaxTMI 
TaxTMI 
2022 (7) TMI 150
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....eals have been filed against common order dated 02.09.2021 passed in CP- 54/ND/2021 and CP- 144/ND/2016. The Applicant of both the Company Petitions aggrieved by the order dated 02.09.2021 has come up in these Appeals. We need to notice only few facts for deciding these two Appeals. Company Petition No. 114 of 2007 was filed by Mrs. Sonia Khosla under Sections 397, 398, 402 and 403 of the Companies Act, 1956 before the erstwhile Company Law Board, New Delhi. CA No. 47 of 2016 being an application for amendment of pleadings was allowed by the NCLT with liberty to withdraw the CP No. 114 of 2007 and re-file the same with incorporation of the amended and updated facts. After withdrawal of CP No. 114 of 2007 and re-filing after incorporating am....
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....cial Bench consisting of Sh. Bhaskara Pantula Mohan, Acting President and Shri Narender Kumar Bhola, Member (Technical) on 02.09.2021 and on which date, following order was passed:- "As both the members of this Bench have recused to take up these matters. These matters have to be posted before any other Bench at Delhi but most of the Judicial Members at Delhi are not inclined to take up these matters. For want of time, we have no other option but to post the same before Chandigarh Bench, which is relatively nearer to the petitioner in the matter. We transfer the files to Chandigarh Bench at the earliest possible time. Chandigarh Bench according to its own convenience will fix the date of hearing." 2. Aggrieved by the order dated 02.09.....
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....2022 in Company Appeal (AT) No. 31 of 2022, 32 of 2022 and 33 of 2022. 5. Before proceeding further, we may notice that this Tribunal by its order dated 05.10.2021 passed in these two Appeals has stayed the operation of the order dated 02.09.2021. Paragraph 4 of the order dated 05.10.2021 is as follows:- "4. In the meanwhile, the operation of the Impugned order dated 02.09.2021 passed by National Company Law Tribunal, Special Bench, New Delhi in CP- 54/ND/2021 and also the operation of the Impugned Order dated 02.09.2021 passed by National Company Law Tribunal, Special Bench, New Delhi in CP- 144/ND/2016 shall remain stayed till the next date of hearing." 6. The above interim order is in operation. 7. We have considered the submissions....
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....s entrusted to the President under these rules and such other powers as may be relevant to carry out his duties as head of the Tribunal while exercising the general superintendence and control over the administrative functions of the Members, Registrar, Secretary and other staff of the Tribunal." 9. The order dated 02.09.2021 has been passed on a judicial side for transferring the matter to the Chandigarh Bench. In an appropriate case there may be valid reason to pass a judicial order by a Bench for posting any matter before another Bench but in the facts of the present case, when both the members of the Bench have recused themselves from taking the matter, they ought not to have passed an order of transferring the Company Petitions to Cha....
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....ule 16(d). The power given to the President under Rule 16 is statutory power which as rule of necessity has to be exercised by the President, even though on judicial side the President/ Acting President has recused himself. Further the Acting President who has recused in order dated 02.09.2021 is not the President as on date. 12. We are not expressing any opinion as to whether both the CPs are to be heard at the Principal Bench or any other Bench at New Delhi or to be transferred at any other Bench. It is for the President to consider all aspects of the matter and take appropriate decision. 13. We may at this stage also notice the submission of the Counsel for the Respondent Nos. 2 to 4 that in view of the order dated 31.05.2021 passed in....