It was observed that the conduct of the professionals is deprecated for the mode of the institution of the proceedings, particularly when the lis engages consideration of an Impugned Order of a nature which is not deciding or affecting any of the rights of the Appellant.
The Chennai bench of the National Company Law Appellate Tribunal ( NCLAT ) came down heavily on a Practising Company Secretary for filing an Appeal with voluminous records running in several volumes.
The Appeal was preferred by the concerned Appellant against an order of the National Company Law Tribunal, Chennai Bench, wherein the Tribunal passed an order directing all the Company Petitions relating to a particular company be placed before the Chairperson of the NCLT for the nomination of an appropriate bench, so that all the cases relating to that company may be decided together to avoid the possibility of passing of contradictory Judgments, if any.
Noting that the aforesaid order of the NCLT assailed by the Appellant, was merely a ‘procedural order’ ‘with no adjudication of any lis on merits, effecting any right of any of the parties to the proceedings’, the Appellate Tribunal deprecated the conduct of the professionals for filing the appeal.
A two-member bench comprising Justice Sharad Kumar Sharma, Member ( Judicial ) and Jatindranath Swain, Member ( Technical ) observed that the conduct of the professionals is deprecated for the mode of the institution of the proceedings, particularly when the lis engages consideration of an Impugned Order of a nature which is not deciding or affecting any of the rights of the Appellant.
The court dismissed the appeal and the dismissal of the Appeal may not be construed, as the dismissal of the pending Interim Order Application, which is to be adjudicated upon, on its own merits under law.
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