National Company Law Appellate Tribunal
Shri Arvind Bali vs Union Of India Minsitry Of Corpoarte ... on 4 August, 2022
NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH,
NEW DELHI
Company Appeal (AT) No. 120 of 2022
IN THE MATTER OF:
Arvind Vali ...Appellant
Versus
Union of India ...Respondents
Ministry of Corporate Affairs & Ors.
Present:
For Appellant: Mr. Ramji Srinivasan, Sr. Adv. with Ms. Anushka
Sharda, Ms. Megha Dugal, Ms. Rajshree
Choudhary, Ms. Moha P. Advocates
For Respondent: Mr. Aditya Sikka, for UOI
ORDER
04.08.2022: This appeal purported to have been filed under Section 421 of the Companies Act, 2013 (in short 'Act') to assail the order dated 22.04.2022 by which CA No. 77 of 2022 has been decided in CP No. 294/MB/2021.
As a matter of fact, from the perusal of record, we have found that CA No. 77 of 2022 has escaped the notice of the Tribunal at the time of decision and therefore, the same is still pending before the National Company Law Tribunal, Mumbai Bench, Court No. 1.
In such circumstances, the only remedy available to the Appellant herein is to file a formal application before the Tribunal for the decision on CA No. 77 of 2022.
Faced with these observations, Counsel for the Appellant has prayed for withdrawal of this appeal in order to first file an application before the Tribunal to get a decision on CA No. 77 of 2022. The Appeal is, thus, dismissed as withdrawn with liberty to approach the Tribunal at the first instance.
It is needless to mention that if such an application is filed, at the instance of the Appellant then the same shall be decided by the Tribunal as early as possible but not later than four weeks.
[Justice Rakesh Kumar Jain] Member (Judicial) [Mr. Kanthi Narahari] Member (Technical) [Dr. Alok Srivastava] Member (Technical) Sheetal/RR