JUDGEMENT

[Per; Shreesha Merla, Member (T)] 1. Challenge in these Company Appeals (AT) No. 106 of 2021 & Company Appeal (AT) No. 113 of 2021 filed under Section 421 of the Companies Act, 2013 (hereinafter referred to as ‘the Act’) is to the Impugned Orders dated 12/08/2021 & 02/09/2021 respectively passed by the NCLT (National Company Law Tribunal, New Delhi, Principal Bench), in CP No. 108/241- 242/PB/2021 and CP No. 135/241-242/PB/2021 filed under the provisions of Sections 241 and 242 of the Act. Company Appeal (AT) No. 106 of 2021 is being treated as the lead case. Since both these Appeals deal with common facts & circumstances, they are being disposed of by this Common Order.

2. By the Impugned Order dated 12/08/2021, NCLT has appointed a Commissioner to submit a comprehensive report regarding the functioning -5- Company Appeal (AT) No. 106 of 2021 With Company Appeal (AT) No. 113 of 2021 & I.A. No. 2884 of 2021 of the Company namely ‘Asian Hotels (West) Limited & Anr.’ (hereinafter referred to as the ‘AHWL’) and observed as follows:

“Now, the point that falls for consideration is whether this Bench is vested with the power to appoint an independent Commissioner with t