2025 (11) TMI 1808

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.... Mitra Ld. Counsel appearing for the Appellant and Shri Siddhartha Ld. Counsel appearing for the Respondent No.2 & 3. This appeal has been filed against an order dated 04.07.2025 passed by NCLT, Division Bench Court-I, in I.A. No. 44 of 2025. When this appeal was taken for consideration this Tribunal has passed following order dated 23.07.2025: "23.07.2025: Shri Gaurav Mitra Ld. Counsel appearing for the appellant submits that order dated 04.07.2025 passed by Adjudicating Authority is not in accord with the earlier order passed by NCLT itself on 30.09.2024. He however submits that in paragraph-24 interim order in a general term has been issued whereas the application was filed by only two members. He further submits that there w....

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....for the Appellant submits that the proceedings under Section 241 & 242 of the Companies Act, 2013, which was initiated by four Members of the Club is now pending in the Hon'ble Supreme Court where Hon'ble Supreme Court has passed modified interim order on 18.07.2025 by which direction proceedings under Section 241 & 242 pending before the NCLT has been stayed. It is submitted that the I.A. No. 123 & 164/KB/2024 was filed by Respondent No.2 & 3 in the Company Petition praying for various reliefs in which I.A. reliefs prayed by the Respondent No. 2 & 3 where not granted, however, NCLT directed the Club to strictly adhere to its Articles of Association while attempting to initiate, conduct and conclude any Disciplinary Proceedings against its ....

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....e matter is decided by the Hon'ble Apex Court." It is submitted that the direction in para 24 that no adverse section be taken by the Club against the Members are unsustainable since only show cause notice has been issued against Respondent No.2 and disciplinary proceedings have yet not been concluded. It is further submitted that there was no occasion to make observation in para 25 and this Tribunal has already passed on interim order staying the said observation. Ld. Counsel for the Respondent submits that the Club is obliged to follow the articles of association of the club in any disciplinary proceedings against the Respondent No.2 & 3. We have heard Ld. Counsel for the parties and perused the record. The earlier order pass....