(Hybrid Mode)

08.01.2024:

This Appeal has been filed against order dated 02.08.2023

passed in CA No. 324 of 2023 in C.P. No. 88(MB)2015. Appellant has filed an

application before the NCLT, Mumbai, Court-1 seeking an injunction in

respect of Board meeting which was scheduled to take place on 03.08.2023.

The EoGM was to be held on 03.08.2023. Application was rejected on

02.08.2023. This Appeal has been filed aggrieved by the order refusing to

grant injunction as prayed in the application.

2.

The date on which EoGM was to be held is already over and injunction

as prayed for all purposes has become infructuous and not enforceable with

regard to meeting which was to be held on 03.08.2023. We are of the view

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Company Appeal (AT) No.245 of 2023

that this appeal has become infructuous. We only observe that it is open for

the Appellant to take such other legal proceedings as permissible in law.

3.

Learned counsel for the Appellant submits that correctness of the order

is required to be considered in this Appeal. When order has already carried it

effect and the prayer of injunction which was sought has become infructuous,

we see no reason to enter into issues as raised by the