TaxTMI 
TaxTMI 
2022 (11) TMI 759
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....by Mr. Vaibhav Gaggar, Ld. Counsel for the R1. 2. The present appeal has been preferred under Section 421 of the Companies Act, 2013 (hereinafter referred as to 'Act') against an order dated 30.09.2022 passed by National Company Law Tribunal, Mumbai Bench (hereinafter referred as to 'NCLT') in CA No. 231/2022 in Company Petition No. 755/MB/C-I/2017. 3. By the said order, the Ld. NCLT, considering the facts and circumstances of the case, directed the Appellant herein to deposit an amount of Rs. 3,94,99,355/- with the registry of the NCLT within 15 days from the order to secure interest of Aranca (Mumbai) Pvt. Ltd. In paragraph 42 of the impugned order, it has been recorded that Ms.Malliaka Joshi Ld. counsel appearing for the Respondent, wh....
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.... Ld counsel of the Appellant before the NCLT for deposit of the said amount, the Appellant cannot be precluded to assail the said order. He further submits that Ld. counsel for the Appellant before the NCLT without the proper instruction of the Appellant had made such submission and as such the said submission made by the Ld. Counsel for the Appellant may not be treated as a hurdle to assail the impugned order. 6. Mr. Dhruba Mukherjee, Ld. Sr. Counsel for the Respondent submits that under Section 421 of the Act, a party can file an appeal provided he is aggrieved with the order. By way of referring to para 42 of the impugned order he submits that once on instruction, Ld counsel for the Appellant admitted regarding deposit of the said amoun....
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.... 9. On examination of the aforesaid direction, it is apparently clear that Ld. Counsel for the Appellant before the Ld. NCLT, stated in specific term that on instruction of his client, he made submission for deposit of the said amount. Of course, during the hearing of this appeal, it was submitted by the Ld counsel of the Appellant that before the NCLT without proper instruction of the Appellant, his counsel had made said submission and as such, such submission may not come in the way of preferring the present appeal. On being asked Ld. Counsel for the Appellant admitted that he had not filed any petition before the Ld. NCLT as to whether the Ld. Counsel, had made submission without instruction of the client. Ld. Counsel for the Appellant a....
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....ceipt of an appeal under sub-section (1), the Appellate Tribunal shall, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. (5) The Appellate Tribunal shall send a copy of every order made by it to the Tribunal and the parties to appeal." 12. On examination of the aforesaid section, it is very much clear that only a person aggrieved with an order, can file appeal. Further consent order cannot be assailed in appeal. In this case, on perusal of para 42 of the impugned order which is quoted herein above, there is no dispute that the Appellant can be said to be aggrieved by the said order. Further the or....