Delite Properties Pvt Ltd vs Sudhir Goenka on 15 November, 2022
4. The Ld. Counsel for the Respondent during the course of argument and in
his reply affidavit along with written submission submitted that the Tribunal
Company Appeal (AT) No. 126 of 2020
8
waive the requirements specified in clause (a) and (b) of Section 244 (1) of the
Companies Act, 2013 and admitted the application as per proviso in Section
244(1) of the Companies Act, 2013 and parties were directed to file their reply
affidavit and rejoinder and the matter was directed to list for further
consideration on 14.05.2020. It is further submitted that in the case of "Archer
Power System Pvt. Ltd. Vs. Cascade Energy Pvt. Ltd. and Ors. In Company
Appeal (AT) No. 213 of 2017" this Tribunal held that NCLT under Rule 11 of
National Company Law Tribunal Rules, 2016 has the inherent powers to pass
such orders as may be necessary for meeting the ends of justice or to prevent
abuse of the process of the Tribunal. Furthermore, the Tribunal was also of the
opinion that the Tribunal has the power to make interim orders which it thinks
fit for regulating the conduct of the company's affairs. Therefore, the interim
order passed in accordance with law and in consonance with Section 242(4) of
the Companies Act, 2013.