Enforcement of judicial directions requires timely action from lower courts; supervisory powers of higher courts can compel compliance when justice is delayed.

ORDER

Anu Malhotra, J. The petitioner, represented through her Legal Representative, vide this petition has made the following prayers:

"That in light of the above facts and circumstances and legal submissions, and as all the facts and submissions recounted herein have a direct and immediate bearing on the equitable, appropriate, proper and efficient administration of justice, it is very humbly and respectfully prayed that this Hon'ble Court may be pleased to:

i.Exercising the power of superintendence over Hon'ble National Company Law Tribunal, issue a writ of mandamus, or such other appropriate writ, order or direction to its New Delhi Bench (Bench IV), thereby compelling the aforesaid Tribunal to comply with the directions of the Hon'ble Supreme Court of India issued on 08-05-2014 in its judgement delivered in SLP (Crl.) No. 6873 of 2010, and thereby take up CP No. 114 of 2007 on 23-09-2020 to dispose off CA No. 373 of 2008 filed before the aforesaid Tribunal under Section 340(1) of the CrPC [and also CA No. 165 of 2008 and CA No. 573 of 2009, both being under Section 340(1) of the CPC], and that disposal of the aforesaid applications be notwithstanding the aforesaid Tribunal having disposed off CP No. 114 of 2007 on 07-02-2020, and further, that such disposal be within a period of 1-2 weeks from 23-09-2020, or within such other short period of time that this Hon'ble Court, seeing the high gravity of 'offences against justice; deems fit.

ii. And pass such other order or further order or orders as this Hon'ble Court may deem fit and proper under the circumstances of the case."

(emphasis supplied)

2. During the course of submissions made on behalf of either side on 22.9.2021, it was submitted on behalf of the respondent that the order dated 7.2.2020 in C. P. No. 114/2007 of the NCLT had been assailed by the petitioner vide an appeal which appeal has since been dismissed and the copy of the said appeal and order of the NCLAT dismissing the said appeal were directed to be placed on record.

3. The petitioner has placed on record the copy of the appeal under Section 421 of the Companies Act, 2013, against the order dated 7.2.2020 of the NCLT and has also submitted on record the copy of the order dated 16.3.2020 in Company Appeal (AT) 75/2020 of the NCLAT whereby the said appeal was dismissed.

4. The reliefs that had been sought through the Company Appeal No. 75/2020 by the applicant/petitioner were to the effect

"21. RELIEFS SOUGHT:

In view of the facts mentioned in para 7 above, points in dispute and questions of law set out in para 8, the Appellant prays for the following relief(s):

1. Quash, strike down and set aside the order dated 07-02-2020 passed by the Hon'ble National Company Law Tribunal in CP No. 114 of 2007 (Annexure 1).

2. Consequent to prayer 1(a) above, exercise the powers of the appellate court to decide (part of) the lis, and consequently, declare that CA No.47 of 2016 (application for amendment of pleadings) filed by the appellant in CP No. 114 of 2007 in October 2016 stands allowed.

Alternatively [to prayer(2)]

3. Direct Hon'ble NCLT that if the petition is to be freshly filed, its contents, if contradicted by the contents of CP No. 114 of 2007, shall not be grounds permitted to the Respondents to obstruct proceedings from going forward.

4. The costs of the appeal may be awarded to the Appellant(s).

5. Pass ex parte orders and/or directions as prayed for above.

6. Any further order or direction which this Hon'ble Appellate Tribunal may deem fit and proper in the circumstances of the case be issued in favour of the Appellant.

INTERIM RELIEF:

1.Direct that the impugned order d