2024 (12) TMI 1628

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.... Kumar, Ms. Raveena Rai and Ms. Moha Pranjpe, Advocates for Delhi Gymkhana Club. ORDER ASHOK BHUSHAN, J. This Application has been filed by the Appellant in Company Appeal (AT) No. 242 of 2024 which Appeal has been rejected by order dated 21.10.2024 passed in IA No. 5502 of 2024. This Application has been filed by the Appellant on 23.10.2024 making following prayers:- "a) Charge the Prospective accused Mr Rajiv Hora under Sect-448 and 449 of CA-2013, for false statements on Affidavit dated 12.09.2024 filed in his reply to I.A5502/2024. b) Direct Ld NCLT to pronounce order in Perjury Complaint CA- 123/2023 that was reserved on 22.02.2024. c) Take action under Sect-425 of CA-2013 against Mr R Hora....

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....evented by sufficient cause from filing the Appeal within the extended period of 45 days. The Delay Condonation Application deserves to be dismissed and is hereby dismissed. In consequence of dismissal of Delay Condonation Application, Memo of Appeal is also rejected." 2.2. After dismissal of Delay Condonation Application IA No. 5502 of 2024 and rejection of Memo of Appeal on 21.10.2024, this Application has been filed on 23.10.2024 praying for the reliefs as noted above. 3. Counsel appearing for the Respondent has raised preliminary objections to the maintainability of the application. It is submitted by the Counsel for the Respondent that Appeal having already been dismissed as barred by time and not have been entertained by th....

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....in the application. The Appellant's appeal having been dismissed as barred by time, we fail to see that how any application after dismissal of the appeal as barred by time can be entertained by this Tribunal. Appellant to support his submissions has relied on a judgment of the Hon'ble Supreme Court in "Bhagwan Singh vs. State of U.P. & Ors.- Criminal Appeal Nos.....of 2024 (@SLP(CRL.)Nos.........of 2024 @ Diary No. 18885 of 2024". Reliance has been placed in paragraphs 29 and 30 of the judgment which are as follows:- "29. To create or to assist creating false documents and to use them as genuine knowing them to be false in the Court proceedings, to falsely implicate somebody in the false proceedings filed in the name of the pe....

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.... down by the Hon'ble Supreme Court in the above case. The aforesaid appeal before the Hon'ble Supreme Court was filed challenging the judgment and order of the High Court in application under Section 482 CrPC where the High Court has allowed the application and quashed the entire proceedings in respect of the Supplementary Chargesheet arising out of the case under Sections 363, 367, 376 of the IPC. The Hon'ble Supreme Court after entering into the merits of the case directed the matter to be handed over for the investigation to the CBI. The order and direction passed by the Hon'ble Supreme Court in the above case was on the facts of the said case. The question regarding maintainability of the application in an appeal which has been dismisse....

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.... to (d) as extracted in paragraph 1 of the order. We first take the prayer (c) which is prayer for taking action under Section 425 of the Companies Act, 2013 for breach of order dated 12.08.2024. The order dated 12.08.2024 passed in Company Appeal (AT) No. 242 of 2024 and I.A. No. 5502 of 2024 is as follows:- "12.08.2024: I.A. No. 5502 of 2024 This is an application filed by the Appellant praying for condonation of delay in filing the appeal. The order impugned was passed on 15.12.2023. This appeal has been filed on 01.05.2024. Issue notice in the delay condonation application. Let Reply to the delay condonation be filed within two weeks. Rejoinder, if any, be filed by two weeks thereafter. Counsel ....