National Company Law Appellate Tribunal
Col Ashish Khanna SM Retd vs Delhi Gymkhana Club Ltd & Ors on 15 April 2021
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH
NEW DELHI
COMPANY APPEAL (AT) No.48 of 2021
In the matter of:
Col. Ashish Khanna, SM(Retd)
Appellant
Vs
Delhi Gymkhana Club Ltd & Ors
Respondent
Present: Mr Pulkit Deora, Mr. Arnav Vidyarthi, Advocates for appellant.
Mr Ramji Srinivasan, Sr. Advocate, Ms Gauri Rasgotra, Mr. Raunak Dhillon, Mr. Vikash Kumar Jha, Mr. Aditya Sikka, Ms Nikitha Shenoy, Ms Isha Malik, Mr Yash Johri, Ms Rajshree Chaudhary,Advocates for Respondent No.1
Mr. Gaurav M Liberhan, Advocate for Respondent No.2, 7,9, 11,12 and 14.
Ms Kusum Yadav, Advocate for R19.
Mr. SP Rawal, Advocate for R13.
ORDER
(Virtual Mode) 15.04.2021: A preliminary objection has been raised by Mr. Ramji Srinivasan, Sr. Advocate representing the respondents that in terms of the letter of appointment at Page 94 of the Appeal the duration of contract of appointment of appellant as Secretary of the Club was for a period of three years with effect from 12th April, 2018 and the appellant cannot claim the relief as sought in the appeal. Mr. Srinivasan has brought to our notice that Col JP Singh is working as Interim Secretary and the process for appointment of Secretary is likely to be initiated soon. He submits that the appellant shall be at liberty to participate in that selection process.
In view of the fact that the duration of contract of appointment of appellant has already come to an end, we dismiss the appeal but liberty is
2. granted to appellant to participate in the selection process. Appellant shall also be at liberty to make representation to the Administrator in regard to his grievance projected in this appeal for redressal of his grievance, if any.
(Justice Bansi Lal Bhat) Acting Chairperson
(Dr. Ashok Kumar Mishra) Member (Technical) Bm/gc
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