Mrs. Sonia Khosla (Through L.R.) vs Ld. Registrar, National Company ...
2021 Latest Caselaw 2724 Del

                      *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +      W.P.(C) No.6798/2020

                                               Order reserved on: 22.09.2021
                                               Date of decision : 30.09.2021


                      MRS SONIA KHOSLA (THROUGH L.R.)         ...... Petitioner
                                         Through: Mr.Salman Khurshid, Sr.
                                                  Advocate with Mr.Deepak
                                                  Khosla and Ms.Aadya Mishra,
                                                  Advocates
                                         versus
                      LD. REGISTRAR, NATIONAL COMPANY LAW TRIBUNAL
                                                              ..... Respondents
                                         Through: Mr. Harish Vaidyanathan
                                                  Shankar CGSC with Ms. S
                                                  Bushra Kazim and Mr. Karan
                                                  Chhibber Advocates
                      CORAM:
                      HON'BLE MS. JUSTICE ANU MALHOTRA

                                                        ORDER

ANU MALHOTRA, J.

1. The petitioner, represented through her Legal Representative, vide this petition has made the following prayers:

" That in light of the above facts and circumstances and legal submissions, and as all the facts and submissions recounted herein have a direct and immediate bearing on the equitable, appropriate, proper and efficient administration of justice, it is very humbly and respectfully prayed that this Hon'ble Court may be pleased to :

i.Exercising the power of superintendence over Hon'ble National Company Law Tribunal, issue a writ of mandamus, or such other appropriate writ, order or Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:30.09.2021 W.P.(C) 6798/2020 15:02:02 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

direction to its New Delhi Bench (Bench IV), thereby compelling the aforesaid Tribunal to comply with the directions of the Hon'ble Supreme Court of India issued on 08-05- 2014 in its judgement delivered in SLP (Crl.) No. 6873 of 2010, and thereby take up CP No. 114 of 2007 on 23-09-2020 to dispose off CA No. 373 of 2008 filed before the aforesaid Tribunal under Section 340(1) of the CrPC [and also CA No. 165 of 2008 and CA No. 573 of 2009, both being under Section 340(1) of the CPC], and that disposal of the aforesaid applications be notwithstanding the aforesaid Tribunal having disposed off CP No. 114 of 2007 on 07-02-2020, and further, that such disposal be within a period of 1-2 weeks from 23-09-2020, or within such other short period of time that this Hon'ble Court, seeing the high gravity of 'offences against justice; deems fit. ii. And pass such other order or further order or orders as this Hon'ble Court may deem fit and proper under the circumstances of the case."

(emphasis supplied)

2. During the course of submissions made on behalf of either side on 22.9.2021, it was submitted on behalf of the respondent that the order dated 7.2.2020 in C. P. No. 114/2007 of the NCLT had been assailed by the petitioner vide an appeal which appeal has since been dismissed and the copy of the said appeal and order of the NCLAT dismissing the said appeal were directed to be placed on record.

3. The petitioner has placed on record the copy of the appeal under Section 421 of the Companies Act, 2013, against the order dated 7.2.2020 of the NCLT and has also submitted on record the copy of the order dated 16.3.2020 in Company Appeal (AT) 75/2020 of the NCLAT whereby the said appeal was dismissed.

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:30.09.2021 W.P.(C) 6798/2020 15:02:02 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

4. The reliefs that had been sought through the Company Appeal No. 75/2020 by the applicant/petitioner were to the effect "21. RELIEFS SOUGHT:

In view of the facts mentioned in para 7 above, points in dispute and questions of law set out in para 8, the Appellant prays for the following relief(s):

1. Quash, strike down and set aside the order dated 07-02-

2020 passed by the Hon'ble National Company Law Tribunal in CP No. 114 of 2007 (Annexure 1).

2. Consequent to prayer 1(a) above, exercise the powers of the appellate court to decide (part of) the lis, and consequently, declare that CA No.47 of 2016 (application for amendment of pleadings) filed by the appellant in CP No. 114 of 2007 in October 2016 stands allowed. Alternatively [to prayer(2)]

3. Direct Hon'ble NCLT that if the petition is to be freshly filed, its contents, if contradicted by the contents of CP No. 114 of 2007, shall not be grounds permitted to the Respondents to obstruct proceedings from going forward.

4. The costs of the appeal may be awarded to the Appellant(s).

5. Pass ex parte orders and/or directions as prayed for above.

6. Any further order or direction which this Hon'ble Appellate Tribunal may deem fit and proper in the circumstances of the case be issued in favour of the Appellant.

INTERIM RELIEF:

1.Direct that the impugned order dated 07-02-2020 shall stand stayed during the pendency of the present appeal, and that any action on the part of the Respondent No.2-8 in respect of the status quo orders granted in respect of all lands on 22-08-2007 shall stand stayed."

5. The present petition was filed on 18.9.2020 whereby vide paragraph 23, it was submitted to the effect:

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:30.09.2021 W.P.(C) 6798/2020 15:02:02 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

"23. WHY WRIT PETITION, AND NOT APPEAL :

That the reason why the present Writ Petition is being preferred by the Petitioner (instead of an appeal before Hon'ble NCLAT) is because an appeal lies before Hon'ble NCLAT at the instance of any person aggrieved by an order. However, in the present case, the Petitioner is aggrieved not so much by the passing of any order, but by the lack of passing of an order.

In other words, the grievance of the Petitioner is that the Hon'ble NCLT is not exercising jurisdiction mandatorily vested in it by the Hon'ble Supreme Court of India. Hence, Article 227 is being invoked to enforce the power of superintendence of the Hon'ble Delhi High Court."

6. Vide order dated 15.2.2021, the present writ petition, i.e., W.P.(C) No. 6798/2020 was directed to be listed along with Crl.M.(Co.) No. 3/2008.

7. Without any observations on the aspect as to whether in view of the order dated 16.3.2020 of the NCLAT dismissing the appeal Company Appeal( AT) 75/2020, the prayers made in the present petition can be considered, it is essential to observe that vide order dated 13.1.2021 in the present proceedings, the petitioner represented through her legal representative had submitted that CA. No. 373/2008 in relation to which a prayer was made in the present petition, i.e., W.P.(C) No. 6798/2020 which CA. No. 373/2008 had been filed before the NCLT, was intrinsically linked to Crl.M.(Co.) 3/2008. Subsequently CM No. 23989/2021 was filed by the applicant/petitioner seeking the disposal of the W.P.(C) No. 6798/2020 de hors the decision taken in Crl.M.(Co.) 3/2008 seeking that the NCLT be directed to dispose

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:30.09.2021 W.P.(C) 6798/2020 15:02:02 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

of only CA No. 165/2008 in CP. No. 114/2007, or that the NCLT be directed to not only dispose of CA No. 165/2008 but also CA No. 373/2008 and CA No. 573/2009 in C.P.No. 114/2007.

8. Vide order dated 4.8.2021 it was observed to the effect that vide order 15.2.2021, the present petition had been directed to listed along with Crl.M.(Co.) No. 3/2008. On 23.8.2021 CM No. 23989/2021 filed by the petitioner seeking a disposal of the writ petition de hors the decision in Crl.M(Co.) No. 3/2008 was taken up for consideration whereby it was observed to the effect:

"......

A bare perusal of the record indicates that vide order dated 13.1.2021 it has been submitted by the LR of the petitioner that Co.Appl. No. 373/2008 is intrinsically linked to Crl.M.(Co.) No. 3/2008 as a consequence of which the matter was directed to be placed before this Court. At this stage also on behalf of the petitioner learned senior counsel for the submits that the application bearing CM No. 23989/2021 is not pressed now in as much as the aspect for determination in Crl.M Co.3/2008 and in the present petition is virtually the same.

In view thereof CM. Appl. No. 23989/2021 is disposed of requiring no further action in view of submission made on behalf of the petitioner that the same is not sought to be pressed. ...."

9. Thus in view of the proceedings dated 23.8.2021 and in view of proceedings in Crl.M.(Co.) 3/2008 of even date whereby it has been directed that the proceedings thereof in relation to Co.Appln. Nos. 577/2020, 602/2020 and 625/2020, subject to orders of the Hon'ble the Chief Justice, be placed before the Court of Hon'ble Mr.Justice Jayant Nath, it is considered appropriate that the proceedings of the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:30.09.2021 W.P.(C) 6798/2020 15:02:02 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

present W.P.(C) No. 6798/2020 also intrinsically connected to Crl.M.(Co.) No. 3/2008 subject to the orders of the Hon'ble the Chief Justice be placed before Hon'ble Mr. Justice Jayant Nath on 7.10.2021.

ANU MALHOTRA, J.

SEPTEMBER 30, 2021/SV

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:30.09.2021 W.P.(C) 6798/2020 15:02:02 This file is digitally signed by

PS to HMJ ANU MALHOTRA.