TaxTMI 
TaxTMI 
2024 (2) TMI 262
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....Advocate For the Respondents : Mr. P. H. Arvindh Pandian , Senior Advocate For Mr. Y. Suryanarayana , Advocate , For R2 ORDER ( Hybrid Mode ) TA ( AT ) No. 109 / 2021 ( Company Appeal ( AT ) No. 151 / 2019 ) : On behalf of the 'Appellant' in TA(AT) No.109/2021 (Comp. App (AT) No.151/2019), on the file of this 'Tribunal', a 'Memo', dated 30.10.2023, was filed before the 'Office of the Registry', wherein the 'Appellant', has mentioned the following, which is extracted, as under, in a `Tabular Form': Sl. No. Relief sought in IA Relief sought in Appeal Appellant's submissions before NCLAT 1. To punish Dr. Subba Rao (Respondent No. 2 herein) for willful contempt (obstruction of justice) of order dated 27.02.2017. a) Set aside order ....
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....ed by the 'National Company Law Tribunal', Hyderabad Bench in IA No.52/2018 in CA No.73/97/HYD/2016 and to punish the 'Contemnor' / 'Respondent No.2', in accordance with `Law'. In this regard, the 'Appellant', takes a stand that the 'Appellant', is not pressing the relief, in the instant 'Appeal'. Further, in the 'Memo', dated 30.10.2023, the 'Appellant', has prayed for a relief, in the instant 'Appeal', directing the 'Contemnor' / 'Second Respondent', to forthwith comply with `Orders', dated 27.02.2017 and 08.03.2018, passed by the 'National Company Law Tribunal', Hyderabad Bench in CA No.73/97/HYD/2016. In this regard, the Learned Counsel for the 'Appellant', craves leave to seek and agitate the relief in CP No.385/2019, pending before....
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....No.109/2021 (Company Appeal (AT) No.151/2019), as an 'Infructuous one' (without granting any Leave to agitate the relief(s) in CP No. 385 / 2019, on the file of the `Tribunal'. No costs. The Connected pending 'Interlocutory Applications', are closed. TA (AT) No.110 / 2021 (Company Appeal (AT) No.153 / 2019): The Learned Counsel for the 'Appellant', in the instant TA (AT) No.110/2021 (Comp. App (AT) No.153/2019), has filed a 'Memo', dated 30.10.2023, and the extract of the same in a `Tabular Form', is reproduced as under: Sl. No. Relief sought in IA Relief sought in Appeal Appellant's submissions before NCLAT 1. Direct the approval and adoption of accounts as circulated by the Auditors for the Financial year 2013-14, 2014-15 and 2015....
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....e instant TA (AT) No.110/2021 (Comp. App (AT) No.153/2019), has become an 'Infructuous one' and also this 'Tribunal' points out the relief sought for in the 'Memo' dated 30.10.2023 and so far, as seeking leave from this 'Tribunal', the relief sought for in CP No.385/2019, if not acceded to. However, this 'Tribunal', simpliciter is to pass an 'Order', in the instant 'Appeal', to the effect that the instant 'Appeal', has become an 'Infructuous one'. Accordingly, the instant 'Appeal', is 'Dismissed as Infructuous one'. No costs. The Connected pending 'Interlocutory Applications', are closed. TA (AT) No.113 / 2021 (Company Appeal (AT) No. 200 / 2019): The Learned Counsel for the 'Appellant', in the instant TA (AT) No.113 / 2021 (Comp. App (AT....
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....e the Hon'ble NCLT. In the instant TA (AT) No.113/2021 (Comp App (AT) No.200/2019), on the file of this 'Tribunal', the 'Appellant', is so far as the relief sought for `Set aside' Order, dated 16.05.2019, passed by the 'National Company Law Tribunal', Hyderabad Bench in IA No.365/2018 in IA No.52/2018 in CA No.73/97/HYD/2016 and to punish the 'Contemnor' / 'Respondent No.2', in accordance with `Law'. The 'Appellant', comes out with a crystalline stand that she is not pressing the said relief. Not resting to the above, in the said 'Memo', dated 30.10.2023, the 'Appellant', had also while seeking relief in the instant 'Appeal', for issuance of directions to the 'Contemnor' / '2nd Respondent', to forthwith comply with the `Order', da....