Orbit Electricals Private Limited v. Deepak Kishan Chhabria
2023-09-26
D.Y.CHANDRACHUD, J.B.PARDIWALA, MANOJ MISRA
body2023
DigiLaw.ai
ORDER : 1. The National Company Law Tribunal 1 [“NCLT”] dismissed the application filed by the first respondent for the grant of interim relief by an order dated 31 December 2019. The first respondent is in appeal before the National Company Law Appellate Tribunal 2 [“NCLAT”]. Admittedly, no interim relief operated in favour of the first respondent during the pendency of the appeal. 2. The appeal has been heard and orders were reserved by the NCLAT on 21 September 2023. However, while reserving orders, the NCLAT has directed the parties “to maintain status quo as was available prior to EOGM dated 03.05.2019” till the judgement is delivered. No reasons have been indicated by the NCLAT even prima facie for issuing the interim order, particularly in the context of the fact that there was no interim relief operating since the dismissal of the application for interim relief on 31 December 2019. It is admitted that no relief was obtained by the first respondent in the proceedings before the Bombay High Court, as well. 3. In the circumstances, we vacate the interim direction as noted above. The Annual General Meeting (AGM) of the company, Finolex Cables Limited is to take place on 29 September 2023. Any action which is taken on proposed resolution No 4 pertaining to the appointment of the Executive Chairperson shall be subject to the outcome of the appeal which is pending before the NCLAT. 4. Subject to the aforesaid modifications, the appeals are allowed and the impugned order is set aside to the aforesaid extent. 5. Pending applications, if any, stand disposed of.