National Company Law Appellate Tribunal
Ishrat Ali vs Cosmos Co-Op Bank Ltd & Anr on 6 February, 2023
Author: Ashok Bhushan
Bench: Ashok Bhushan
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
I.A. No. 4623 of 2022 in
Company Appeal (AT) (Ins.) No. 373 of 2022
IN THE MATTER OF:
Ishrat Ali ....Applicant
Vs.
The Cosmos Co-operative Bank Ltd. ....Respondents
Present:
For Applicant: Mr. Chinmoy Pradip Sharma, Sr. Advocate with
Mr. Irfan Hasieb, Mr. Krishnajyoti Deka, Mr. Rishabh
Munjal, Mr. Dhruv Surana, Mr. Arya Hardik,
Advocates.
For Respondents: Mr. Ninad Laud, Mr. Ivo D'Costa and Mr. Avinash
Mathews, Advocates for R-1.
ORDER
06.02.2023: I.A. No. 4623 of 2022 - This I.A. has been filed by the Appellant praying for following reliefs:
"a) Call for the records of the Ld. NCLT, Mumbai, in respect of CP No. CP (IB)-4108 (MB)/2018;
b) Call for the final report of the inquiry conducted by Shri Nallasenapathy, which to the understanding of the Applicant herein. stood concluded in October 2020 in respect of the complaint of fraudulent planting of purported five page order dated 23.09.2019, on complaint filed by this Applicant;
c) Direct the conducting of a fresh inquiry into the passing of the order dated 23.09.2019 by the Ld. NCLT, which has ultimately resulted in the filing of the present petition;
d) Stay all further proceedings before the Ld. NCLT in the matter of CP (IB)/4108/2018 pending the conducting and conclusion of the inquiry and the submission of the report; and
e) Declare the Company Appeal No. 372 filed U/s 61 of the IBC 2016 before this Hon'ble Appellate Tribunal, against the alleged impugned order dated 25.02.2022 in Company Petition CP (IB) -2- 4108/2018 based upon an illegally issued certified copy of the order, which was legally non-existing in the Registry on the day of issuing certified copy of the same i.e. 02.03.2022, as Illegal & Void and all actions including its disposal be kindly held to be Illegal & Void; and
f) Initiate suitable action against the person/s indulging in such illegal activities such as illegally obtaining Court documents prior to its official release and illegally issuing certified copy of legal documents without officially having the signed copy of the same in his/their official possession or in possession of the Registry, illegally editing (amounting to Tampering of document & forgery) an order of the Tribunal after Affixation of signature of the Members but before issuing the copy to the parties; and
g) Pass such other or further order(s) as this Hon'ble Tribunal may deem necessary and appropriate in the facts and circumstances of the present case."
2. The Appellant has filed an appeal in this Tribunal being Company Appeal (AT) (Ins.) No. 373 of 2022, Company Appeal (AT) (Ins.) No. 491 of 2022, Company Appeal (AT) (Ins.) No. 492 of 2022 and Company Appeal (AT) (Ins.) No. 493 of 2022 which all were heard and dismissed by Judgment of this Tribunal dated 24.05.2022.
3. By this application Learned Counsel for the Appellant submits that there are certain facts which have come into notice of the appellant received under the RTI and there are certain facts which required to be considered.
4. Against the Judgment of this Tribunal dated 24.05.2022 appellant has also filed an appeal before the Hon'ble Supreme Court being Civil Appeal Diary No. 23279 of 2022 which was also dismissed by Hon'ble Supreme Court on 02.01.2023.
I.A. No. 4623 of 2022 in Company Appeal (AT) (Ins.) No. 373 of 2022 -3-
5. This application is nothing but a clear abuse of process on the part of the appellant, when the appeal was finally heard and dismissed by this Tribunal which order has also been affirmed by the Hon'ble Supreme Court, we are of the view that the prayers which have been now made in the application cannot be entertained.
6. We dismiss this application by imposing a cost of Rs. 1,00,000/- (Rupees One Lakhs) which may be deposited within one month drawn in the name of Pay & Accounts Officer, Ministry of Corporate Affairs.
[Justice Ashok Bhushan] Chairperson [Ms. Shreesha Merla] Member (Technical) sa/nn I.A. No. 4623 of 2022 in Company Appeal (AT) (Ins.) No. 373 of 2022