2023 (3) TMI 749

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....For the Respondent : Mr. Pulkit Deora, Mr. Harsh Gurbani, Ms. Aphune K. Kezo, Advocates JUDGMENT KANTHI NARAHARI , MEMBER ( TECHNICAL ) Preamble: The Present Appeal is filed by invoking provisions of Section 421 of the Companies Act, 2013 against the order dated 17th January, 2022 passed by the National Company Law Tribunal, Ahmedabad, Division Bench, Court-1 in Company Application No. 43(AHM)2021 in CP No. 100 of 2018 whereby the National Company Law Tribunal (in short 'NCLT') passed an interim direction to maintain the status-quo in respect of the immovable property of the Respondent Company. Brief Facts: Appellant's Submissions: 2. The Learned Counsel for the Appellant submitted that aggrieved by the aforesaid order, the Appellant....

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....pellant submitted that the order passed by the NCLT is a non-speaking order and passed without appreciating the facts of the case. The Learned NCLT could not have been permitted to withdrawal the withdrawal pursis. By virtue of the said impugned order dated 03.03.2021 the Respondent No.1 herein obtained interim orders in C.P. No. 100 of 2018 on 17.01.2022 in a mala fide manner. It is submitted that the impugned order dated 17.01.2022 is bad in law. 7. The Learned Counsel for the Appellant submitted that the aforesaid interim order passed on 17.01.2022 is in violation of maintaining judicial propriety due to pending appeal being CA (AT) No. 99 of 2021 in which the Appellants have challenged the very withdrawal of withdrawal pursis in C.P. N....

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....espondent withdrawn the withdrawal pursis in C.P. No. 100 of 2018 and the NCLT allowed such withdrawal of withdrawal pursis vide order dated 03.03.2021 and in the eye of law the C.P. No. 100 of 2018 filed by the 1st Respondent herein is in continuum. Hence the Learned NCLT passed the status-quo order and there is no illegality in passing such order. 11. In view of the reasons as stated above, the Learned Counsel for the Respondent prayed this Bench to dismiss the Appeal. Analysis / Appraisal : 12. Heard the Learned Counsel appeared for the respective parties, perused the pleadings and documents. The NCLT vide its order dated 17.01.2022 passed the following order: "Order I. The Petitioner and Respondents in C.P. No. 100 of 2018 are d....