ORDER

27.03.2023: Heard Mr. Gaurav Mitra, learned counsel for appellant. The present appeal has been preferred under Section 421 of the Companies Act, 2013 against an interim order dated 25.01.2023 whereby the interim relief prayed by the appellant/applicant in Company Petition No.188/2021 filed under Section 241, 242 and other relevant provision of Companies Act, 2013 was considered and disposed off.

In sum and substance the appellant herein before the NCLT had prayed to stay the affect and implementation of notice dated 02.02.2022 for holding EGM to fill casual vacancies arising from resignation of the statutory auditor of the Company; inspection of records by the Petition and appointment of independent Director as Chairman of the Board. Before proceeding it would be necessary to reproduce the impugned order as follows:-

“1. Mr. Pooja Gore, Ld. Counsel for the Petitioner present. Mr. Anil D. Souza, Ld. Counsel for the Respondent present. pending disposal of Company Petition No. 188/2021 filed u/s 241, 242 & other relevant provision of Companies Act, 2013.

of notice dated 02.02.2022 for holding EGM to fill casual vacancies arising from resignation of the statutory auditor of