Ms Shrinathji Cottex P Ltd andOrs vs ARCIL on 10 September 2025

<table border="1"><tr><td data-bbox="188 128 353 181"><b>10.09.2025</b></td><td data-bbox="353 128 907 181"><b>MA/61/2025</b></td></tr><tr><td data-bbox="188 181 353 957"><b>Present :</b></td><td data-bbox="353 181 907 957"><p>Ms. Jigisha Raval, Id. counsel for the applicants.</p><p>Ld. Counsel for the applicant has submitted that qua maintainability of Misc. Application.</p><p>Before referring to her arguments it is necessary to narrate the facts related to this MA.</p><p>SA/140/2014 was filed by the applicant which was decided by the judgement of this Tribunal dated 21.08.2025 against the applicant.</p><p>Ld. Counsel for the applicant has submitted that the applicant has preferred an appeal against the judgement before Hon'ble DRAT, Mumbai and since the Hon'ble DRAT, Mumbai court is vacant, the application is pending with the linked Hon'ble DRAT at Chennai. Therefore, during that period, interest of the applicant may be protected by interim protection by this Tribunal and in this regard the present MA has been filed. In support of her contention, Id. Counsel for the applicant has submitted ruling of Hon'ble Supreme Court passed in <b>M/s. Hotel Queen Road P. Ltd. &amp; Ors. v/s Ram Parshotam Mittal &amp; Ors. AIR on line 2013 SC 118</b> in which Hon'ble Supreme Court has justified the order of Hon'ble High Court which has extended interim protection after deciding the writ finally. Ld. Counsel for applicant has submitted that, on this ground this Tribunal has also special rights and can pass an interim order.</p><p style="text-align: center;">^</p></td></tr></table>

Nair/24

I am in total disagreement with the contention of the Id. Counsel for applicant. This Tribunal has got no right to pass, or even make any comment, against the judgement passed by it. This request of the Id. Counsel for the applicant not even cover under the inherent powers of this Tribunal, because, inherent powers are available where the statute is silent. In this case this Tribunal has no jurisdiction at all after finally deciding the matter at its end.

Accordingly, being not maintainable, this MA is hereby rejected at the stage of admission itself, *being not maintainable.*

Let the file be consigned to records.

**(PANKAJ KUMAR UPADHYAY)** **PRESIDING OFFICER** **DRT-II, AHMEDABAD**