2025 (1) TMI 1810

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....UDGMENT [Per: Justice Sharad Kumar Sharma; Member (Judicial)]: 1. These are three Company Appeals which engage consideration of a common question of fact. Hence for the purposes of brevity, they are being decided together. 2. In the CA (AT) (CH) No. 49/2024, the challenge has been given by the Appellant, is to the Impugned Order dated 29.05.2024, passed by the NCLT, Bengaluru Bench, in CA No. 102/2022, as preferred in CP No. 11/BB/2022, whereby the virtue of the Impugned Order under challenge, the earlier Interim Order dated 18.02.2022, granted by the Learned Adjudicating Authority, while exercising its powers under Rule 11 of the NCLT Rules, 2016 had been vacated. The instant Company Application in question that is, CA No. 102/202....

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....n Interim Order on 18.02.2022 which has been vacated by the Impugned Order dated 29.05.2024, as it has been passed in CA No. 103/2022. 4. Company Appeal (AT) (CH) No. 76/2024, once again engages consideration of the similar issue; In this Company Appeal, the Appellant challenges the Impugned Order dated 29.05.2024, which was passed in CA No. 104/2022, as preferred in CP No. 13/BB/2022, by virtue of which the Interim Order granted on 18.02.2022 was vacated on the grounds of non-satisfying of the conditions contained under Section 244 of the Companies Act, that is, not having the requisite percentage of share-holding to initiate the proceedings under Section 241. 5. These three Appeals have been argued by the Learned Counsel for the App....

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....the same is pending consideration. 8. Be that as it may, the respective counsels after arguing for a quite at length, have ultimately submitted that when these company appeals were heard by this Appellate Tribunal on 25.11.2024, an observation was made by way of a request to the NCLT, Bengaluru Bench, to make all efforts to decide the company petitions itself on its own merits, as expeditiously as possible. 9. The Learned Counsel for the Appellant ultimately has also volunteered to submit that if the Appeals are closed and disposed of with a direction to the Learned Adjudicating Authority, to decide the Company Petitions expeditiously, that involved consideration, in each of the instant Company Appeals, he may not have any grievances.....