National Company Law Appellate Tribunal
Major Atul Dev Retd & Ors vs Union Of India Mca & Ors on 18 July, 2025
Author: Ashok Bhushan
Bench: Ashok Bhushan
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
I.A. No. 3979 of 2025
In
Company Appeal (AT) No. 93 of 2022
IN THE MATTER OF:
Major Atul Dev (Retd.) & Ors. ...Applicant
Versus
Union of India
Ministry of Corporate Affairs
Through Regional Director (North Region) & Ors. ...Respondents
Present:
For Applicant : Mr. Ribhav Pande, Mr. Raghav Kakker, Advocates
for R18.
Col. A. Khanna, SM (Retd.), Ms. Niji Sapra,
Advocates for SFIO.
For Respondents : Mr. Prateek Kumar, Ms. Raveena Rai, Ms. Moha
Paranjpe, Advocates for Delhi Gymkhana Club
Ltd.
Mr. Raunak Dhillon, Ms. Isha Malik & Mr. Jeezan
Riyaz, Advocates for Union of India.
ORDER
(Hybrid Mode) 18.07.2025: I.A. No. 3979/2025
1. We have heard learned counsel Mr. Ribhav Pande for the applicant and Col. Ashish Khanna appearing in person in support of the application.
2. This application has been filed in Comp. App. (AT) No. 93/2022 which was finally decided by our judgement dated 21.10.2024. In this application which has been filed by the applicant, who was Respondent No. 18 in the appeal, following prayers have been made:
"1. In exercise of power under Section 425 of the Companies Act (2013), initiate appropriate civil contempt proceedings against the respondents in accordance with Section 12 of the contempt of Courts Act (1971) for disobeying judgment dated 21-10-2024 passed by this Hon'ble NCLAT, and not conducting elections in the requisite time frame: AND
2. Direct that CP No.71/2020 pending before the Ld NCLT, next listed on 09-10-2025, is expeditiously disposed of by 15- 07-2025 ; AND
3. Direct the DGCoA to file report on the Bakertilly Forensic Audit, before 18-07-2025, being the next date for hearing CA-395/2025, in the Hon'ble Supreme Court.
4. Remove President Mr Malay Sinha for staff threats confirmed by DCP, as prayed with liberty granted, in order dated 01.07.2024.
5. And pass such other order or further orders as this Hon'ble Tribunal may deem fit and proper under the circumstances of the case."
3. This application has been filed seeking certain reliefs as quoted above. In the appeal which has been decided on 21.10.2024, it is to be noted that an application was filed in Comp. App. (AT) No. 93/2022 by the applicant - Delhi Gymkhana Club Ltd., which application was dismissed on 28.03.2025, which order is at Page 130 of the application, which is to the following effect:
"IA. No. 1262, 1263 of 2025- This is an application filed on behalf of Applicant praying for following reliefs:
"a. Extend the time period granted to the MCA- Nominated GC until all the issues highlighted hereinabove and in the Impugned Order of the Ld. I.A. No. 3979 of 2025 in Comp. App. (AT) No. 93 of 2022 2 of 4 NCLT are addressed and the affairs of the Club are remedied in compliance with law; b. Pass any other order(s) or direction(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the present case and in the interest of justice".
This Tribunal by its Judgment dated 21.10.2024 has decided CA (AT) No. 93 and CA (AT) No. 141 of 2022 finally after hearing all the parties. It has been brought to our notice that Civil Appeal No(s). 395 of 2025 has been filed challenging the said Judgment before the Hon'ble Supreme Court. Hon'ble Supreme Court vide order 27.01.2025 has passed the following order:
"I.A. No. 12584 of 2025, Application for deletion of proforma Respondent Nos. 4 to 19 is allowed at the risk and cost of the petitioners. At this stage, learned Counsel, who are on caveat on behalf of Respondent Nos. 1 and 2, accept notice and waive service. Issue notice to Respondent No. 3 returnable in six weeks".
Hon'ble Supreme Court having already issued notice. In view of the appeal being entertained by Hon'ble Supreme Court against our Judgment dated 21.10.2024, we are of the view that this application praying for extension of time need not be entertained by this Tribunal. It is open for the Appellant/Applicant to pray for such relief as permissible in accordance with law in the pending appeal before the Hon'ble Supreme Court.
With these observations, we dismiss the application."
4. It is further to be noticed that against our judgment dated 21.10.2024, the Civil Appeal No. 395/2025 has been filed in Hon'ble Supreme Court, in which notices has been issued on 27.01.2025 as noticed in order dated 28.03.2025. We are of the view that appeal having been finally disposed of by this Tribunal and Civil Appeal being pending before the Hon'ble Supreme Court against the said judgment, we see no reason to entertain any Interlocutory Application in I.A. No. 3979 of 2025 in Comp. App. (AT) No. 93 of 2022 3 of 4 the pending appeal. Following our order dated 28.03.2023, refusing to entertain the application filed by Delhi Gymkhana Club, this also cannot be entertained in the decided appeal.
The application is dismissed.
We make it clear that we are not expressing any opinion on the merits of the application.
[Justice Ashok Bhushan] Chairperson [Arun Baroka] Member (Technical) Abhishek/nn I.A. No. 3979 of 2025 in Comp. App. (AT) No. 93 of 2022 4 of 4