Amit Dineshchandra Patel vs National Company Law Tribunal At ...
2021 Latest Caselaw 5314 Guj

               C/SCA/6956/2021                               ORDER




               IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                 R/SPECIALCIVILAPPLICATIONNO. 6956of 2021
                                   With
             CIVILAPPLICATION(FORJOININGPARTY) NO. 1 of 2021
                In R/SPECIALCIVILAPPLICATIONNO. 6956of 2021
                                   With
                  CIVILAPPLICATION(FORSTAY) NO. 2 of 2021
                In R/SPECIALCIVILAPPLICATIONNO. 6956of 2021
==========================================================
                      AMITDINESHCHANDRAPATEL
                               Versus
              NATIONALCOMPANYLAWTRIBUNALAT AHMEDABAD
==========================================================
Appearance:
MR. MIHIRTHAKORE,SENIORADVOCATEWITHARJUNR SHETH(7589)for the
Petitioner(s)No. 1
MR. MAULIKNANAVATI,ADVOCATEfor the Respondent(s)No. 2
==========================================================
 CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                 Date: 03/05/2021
                                  ORALORDER

1 Heard Mr.Mihir Thakore, learned Senior Advocate with Mr.Arjun

Sheth, learned advocate for the petitioner and Mr.Maulik Nanavati,

learned advocate for respondent No.2.

2 The order under challenge is the order dated 06.04.2021 passed

by the National Company Law Tribunal in C.P(I.B) No. 848 of 2019

including I.A No. 147 of 2021.

3 Shri Mihir Thakore, learned Senior Advocate, would invite the

attention of the Court to the proceedings, especially the order dated

C/SCA/6956/2021 ORDER

23.03.2021 to submit that no further notification of the Board for

pronouncement was made of the order. This was an alternative

submission made in addition to the fact that a request was made for

hearing to pass order and written arguments were also filed but they

have not been considered.

4 Reliance was placed on a decision of the Division Bench of the

Bombay High Court in Kamal K Singh vs. Union Of India & Ors., in

Writ Petition No. 3250 of 2019. Shri Thakore, learned Senior

Advocate, would invite the attention of the Court to paragraph 8 of the

judgment, wherein, considering Rule 150 of the N.C.L.T Rules and

having found that the order of the Tribunal under challenge there in a

Writ Petition, the Bombay High Court in paragraph 101 of the decision

quashed the order on the ground of it being a nullity.

5 The Division Bench decision would certainly have persuasive

value. However, the discretion that can be exercised under Article 226,

the Court does not deem it fit to exercise discretion at this stage in view

of the remedy available before the N.C.L.A.T. The petition is dismissed.

In view of dismissal of the main petition, both the Civil

Applications stands disposed of, accordingly.

(BIRENVAISHNAV,J) BIMAL