National Company Law Appellate Tribunal
Rajeev Satpal Lakhanpal & Others vs Taashee Linux Services Private Limited on 4 August, 2022
NATIONAL COMPANY LAW APPELLATE TRIBUNAL AT
CHENNAI
(APPELLATE JURISDICTION)
Company Appeal (AT)(CH) No.59/2021
& IA No.690/2021 & 691/2021
(Under Section 421 of the Companies Act, 2013)
(Arising out of the Order dated 28.06.2022 in IA (CA) 27/2021 & CA
39/2021 in CP No.4/241/HDB/2021
passed by the National Company Law Tribunal, Hyderabad Bench-I,
Hyderabad)
In the matter of:
Rajeev Satpal Lakhanpal & Anr. ..... Appellants
V
Taashee Linux Services Pvt. Ltd. & 3 Ors. .....Respondents
Present:
For Appellants : Mr. M. Khundmiri, Representing Counsel
For Mr. Sameer Hussain & Mr.Sachin Shanmukham
Pujari, Advocates
For Respondents : Mr. T.V.S. Kumar, Advocate for R1 & R2
ORDER
(VIRTUAL MODE) 04.08.2022:
It is represented on behalf of R1 and R2 through the Learned Counsel Mr. T.V.S. Kumar that a `Memo' dated 03.08.2022, filed before this `Tribunal', for and on behalf of R1 & R2 that the `Adjudicating Authority', (National Company Law Tribunal, Hyderabad Bench), through an `Order' dated 28.06.2022 was pleased to reject the IA/39/2021 in CP/49/2021/HDB/2021 on its file on 28.06.2022, by making the following observations:
Company Appeal (AT)(CH) No.59/2021 & IA Nos. 690 and 691 of 2021 Page 1 of 2
4. "In view of the plea, we have perused the petition and found the accompanying verifying affidavit filed by the petitioner is prior in point of time, to the date of filing of the petition, therefore, the petition is completely defective. Hence, no order can be passed in the petition of this nature.
5. "At this stage, it may be stated that strangely the petitioner has filed Neat Copy of the Petition rectifying the defects without leave of the Tribunal. We are, therefore not inclined to receive the Neat Copy of the Petition as filed.
And
6. We, therefore, reject the petition, however, granting leave to the petitioner to file proper affidavit in accordance with the law."
From the above observations made by the `Adjudicating Authority' on 28.06.2022 in IA/39/2021 in CP/49/2021 on its file, this `Tribunal' is of the earnest opinion that nothing survives for 'Adjudication' in Comp. App (AT) (CH) No. 59 of 2021 and as such, the instant Comp. App (AT) (CH) No. 59 of 2021 is `dismissed' as 'Not Maintainable' and has become an infructuous one. No costs.
The pending connected I.A. Nos. 690 and 691 of 2021 are `closed'.
[Justice M. Venugopal] Member (Judicial) [Naresh Salecha] Member (Technical) ASJ/TM Company Appeal (AT)(CH) No.59/2021 & IA Nos. 690 and 691 of 2021 Page 2 of 2