National Company Law Appellate Tribunal

Laxsons properties Pvt Ltd & Ors vs Urvashi Khater on 19 October 2020

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NATIONAL COMPANY LAW APPELLATE TRIBUNAL

NEW DELHI

COMPANY APPEAL (AT) NO.173 OF 2020

In the matter of:

Laxsons Properties Pvt Ltd & Ors

Appellant

Vs

Urvashi Khater

Respondent

Mr Krishnendu Datta, Ms Samrudhi Chothani, Mr. Ankit Pathak, and Shaheda Nadraswala, Advocates for appellant.

Mr. Arjun Harkauli, Advocate for Respondent.

with

COMPANY APPEAL (AT) NO.174 OF 2020

In the matter of:

Laxsons (India) Pvt Ltd & Ors

Appellant

Vs

Urvashi Khater

Respondent

Mr Krishnendu Datta, Ms Samrudhi Chothani, Mr. Ankit Pathak, and Shaheda Nadraswala, Advocates for appellant.

Mr. Arjun Harkauli, Advocate for Respondent.

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ORDER

19.10.2020- Heard both the sides. It is represented on behalf of the ‘Appellant’ that CA No.1043/2020 in CP No.1018/MB/2020 (Company Appeal (AT) No.173/2020) and CA No.1042/2020 in CP No.1017/MB/2020 (Company Appeal (AT) No.174/2020) are coming up for hearing on 5th November, 2020 together with Company Petitions before the NCLT Mumbai Bench, Court No.1. In view of the fact that the pleadings have been completed in the aforesaid Company Applications as well as in Company Petitions, this Tribunal, at this juncture, simpliciter, in the interest of justice, without traversing upon the merits of the controversies involved in the subject matter in issue, directs the NCLT Mumbai Court No.1 to take up the CA No.1043/2020 in CP No.1018/MB/2020 and CA No.1042/2020 in CP No.1017/MB/2020 on 5.11.2020 to hear the mater (preferably by not granting adjournment(s))and to dispose off the Company Applications in the above said Company Petitions, after providing adequate opportunities to the respective parties, by adhering to the guiding principles of Natural Justice and in accordance with Law and in the manner known to Law. It is open to the parties to raise all factual and legal pleas revolving around the controversies before the NCLT Mumbai, Court No.1 in the subject matter in issue and the Tribunal shall take into account the same and to pass appropriate orders as expeditiously as possible as it deems and proper based on the facts and circumstances of the case which float on the surface. The respective parties are directed to lend their unstinted assistance and cooperation to the Tribunal in disposing off the Company Applications in question.

With the abovesaid observations and directions the instant two Appeals stands disposed off. No costs.

(Justice Venugopal M) Member (Judicial)

(Mr. Balvinder Singh) Member (Technical) Bm/kam

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