TaxTMI 
TaxTMI 
2025 (5) TMI 2227
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....2025:- This application is filed by the Appellant for preponement of the date of hearing of the main appeal from 01.07.2025 to today i.e. 30.05.2025. 2. Counsel for the Applicant has submitted that in the main appeal notice has not been issued so far. It is further submitted that the main appeal was listed in the category of fresh cases on 28.05.2025 but it could not be taken up due to paucity of time. As a matter of fact, counsel for the appellant had taken a pass over of the main appeal, requesting that the same may be heard alongwith other two appeals which were also listed on the same day in the cause list towards the end of the list and because of that reason the present appeal was not taken up for hearing due to paucity of time. ....
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....to today i.e. 30.05.2025. Comp. App. (AT) No. 112 of 2025 1. This appeal is filed by the Appellants to challenge the order dated 16.04.2025 by which while dealing with an application bearing I.A No. 115 of 2025, filed in CP No. 48/ND/2024 by Respondent No. 1 and 2, seeking various prayers was postponed to 30.04.2025 for obtaining reply/report of the Observer but in the meantime ordered that two Annual General Meetings ("AGMs") i.e. 29th AGM and 30th AGM, scheduled to be held on 18.04.2025 shall be stayed. 2. The main grievance of the Appellant in the present appeal is that in the petition filed under Section 241 and 242 of the Act, the first order was passed by the Tribunal on 15.05.2024 disposing of the main petition while appoint....
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....rve Bank of India in fulfilling its obligations. However, it is pertinent to note that the interim directions issued by the learned Judge appear to address and adjudicate all issues and contentions inter se the parties, including those that are sub-judice before the NCLT/NCLAT and the RBI. Issue notice, returnable in the week commencing 14.04.2025. Notice is accepted by Mr. Sahil Tagotra, learned counsel, who is present in Court on advance notice/caveat for respondent No. 1. Hence, notice need be served on the said respondent. Respondent No. 2, RBI, is represented upon notice being issued to it by this Court, vide order dated 17.02.2025. Notice shall be served upon the unrepresented respondents by all modes, including dasti, upon s....
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....propriate orders shall be passed, preferably within a period of four weeks from today. (v) The observations recorded in the order passed by the learned single Judge and in the impugned judgment will not influence the RBI when it takes decision. The RBI shall also not be influenced by this order, granting stay. It shall take an independent decision on the merits of the matter and proceed in accordance with law. (vi) Liberty is granted to the writ petitioner and the shareholders, who have moved the NCLT, to move an application before the NCLT/NCLAT seeking appropriate directions. If any such application is filed, the same will be considered and decided. in accordance with law, without being influenced by the impugned judgmen....
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....988 (2) SCC 602 to contend that even the Hon'ble Supreme court cannot confer jurisdiction on a statutory Tribunal if it does not exist. 8. On the other hand, Counsel for Respondent No. 1 and 2 has submitted that there is no error in filing of the application I.A No. 115 of 2025 as it based on the order dated 24.02.2025 passed by the Hon'ble Supreme Court and in this regard has referred to para (vi) and (vii) which read as under:- (vi) Liberty is granted to the writ petitioner and the shareholders, who have moved the NCLT, to move an application before the NCLT/NCLAT seeking appropriate directions. If any such application is filed, the same will be considered and decided in accordance with law, without being influenced by the imp....