ORDER

24.08.2021 Heard Sri D. Saikia, learned Senior Counsel for the applicants. Also heard Sri B. Deka, learned counsel for the respondent No.1 and Mr. N.J. Gogoi, learned counsel for the respondent No.2.

2. The instant application has been filed for directing the National Company Law Tribunal (NCLT), Guwahati Bench for recalling an order dated 03.05.2021 passed in TP No.26/GB/2016 (C.P. No. 80/2000). It has been contended that the order is in violation of an order dated

08.04.2021 passed by this Court in CRP(I/O) No. 41/2021.

3. Sri D. Saikia, learned Senior Counsel for the applicants submits that the connected CRP(I/O) No. 41/2021 has been filed for challenging certain orders of the Tribunal, which according to them has caused immense prejudice and are not illegally tenable. This Court, while issuing notice vide order dated 08.04.2021 had passed an interim order directing that further proceedings of C.P.80/2000(old)/TP No.26/GB/2016(new) pending before the learned Tribunal shall remain stayed. It appears that on the next date, when the matter was listed before the learned Tribunal and the aforesaid order was placed before it, the learned Tribunal instead of keeping the entire proceedings into abeyance in compliance of the order of this Court had made certain directions for submissions of copies of a written balance-sheets file with ROC for the last 5(five) years within 15(fifteen) days.

4. Sri D. Saikia has submitted that such direction amounts to transgressing the order passed by this Court on 08.04.2021 by which further proceeding before the learned Tribunal has been stayed.

5. Sri B. Deka, learned counsel for the respondent No.1 as well as Sri N.J. Gogoi, learned counsel for the respondent No.2 fairly submits that when an interim order was passed by this Court staying the entire proceedings, such further directions ought not to have been passed by the learned Tribunal.

6. After considering the facts and circumstances, while this Court restrains from making any opinion as to the validity of the reasons which prompted to the learned Tribunal to pass further orders for submission of balance-sheets, this Court is of the opinion that since an order of stay has been passed by a superior Court in exercising powers under Article 227 of the Constitution of India, there is no other option for the learned Tribunal but to keep the proceedings in abeyance till a further clarificatory order is passed by this Court.

7. In that view of the matter, while reiterating the order dated 08.04.2021 passed by this Court, the part of the order dated 03.05.2021 passed by the learned Tribunal directing submissions of audit and balance-sheet appearing in paragraph-5 of the order is held to be otiose meaning thereby there is no requirement of the parties to abide by the said direction till further orders passed by this Court. It is further directed that the order passed on the same date i.e. 03.05.2021 disposing I.A. No. 28/2020 by the learned Tribunal is also interfered with and accordingly the I.A. No.28/2020 would be treated to be on board, which would be subsequently taken up for disposal on merits in accordance with law.

8. This application stands disposed of.

JUDGE Comparing Assistant