O R D E R

1. This Court convened through hybrid mode.

Brief facts of the case:

2. This is an application filed by the Applicant under section 231 of the Companies Act, 2013 read with rule 11 of the National Company Law Tribunal Rules, 2016 and Rule 23 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 seeking for appropriate orders/directions for enforcement or implementation of order dated 01.10.2019 passed by this Tribunal in the main company petition being C.P.(CAA)/960(KB)2019.

3. This Tribunal had sanctioned the Scheme of Arrangement proposed by the Applicant herein and Rashmi Metaliks Limited (“RML”) vide an order dated 01.10.2019, [Annexure-B of the Application] and transfer of Nayagarh Railway Siding was deemed to have effect from such appointed date.

4. The Applicant issued a letter dated 14.10.2019, [Annexure-D of the Application] to the Industrial Promotion and Investment Corporation of Odisha Ltd. (“IPICOL”) and intimated regarding the demerger of Nayagarh Railway Siding from RML and simultaneous transfer of the same to the Applicant company w.e.f. 01.04.2018. A letter dated 30.10.2019, [Annexure-F of the Application]was also issued to the Divisional Forest Officer, Keonjhar Division intimating regarding the Scheme of Arrangement and to take necessary action for recording the demerger of the Nayagarh Railway Siding. Several other communications dated 04.06.2020, 13.07.2020, 19.08.2021, 22.09.2022 and 12.12.2022 were made to the Respondent authorities, but no action was taken by the said authorities.

5. Thereafter, being aggrieved by such inaction, the Applicant filed a writ petition before the Hon’ble High Court at Odisha being WPC No. 17199 of 2022 challenging such inaction by the Respondent Authorities for not responding and taking action even after several communications made by the Applicant, the Hon’ble High Court at Odisha vide orders dated 20.07.2022, [Annexure-S of the Application] and 05.08.2022 was pleased to grant liberty to the Applicant to approach the appropriate forum. Hence the applicant has filed the present application before this Tribunal, as because even after the acquisition of Nayagarh Railway Siding being approved by this Tribunal, till date no justification has been provided by the Respondent authorities for not acting in accordance with the Scheme of Arrangement.

6. The Applicant has prayed that the State Government by such inaction has acted in vehement defiance of the Scheme of Arrangement which is duly approved and is binding on all concerned authorities including the Respondent. The Applicant has already incurred huge investments to the tune of Rs.200 crores and taken wholesome efforts in acquiring the said railway siding from RML but no action has been taken with regard to the same.

Analysis and Findings

7. Heard the Ld. Senior Counsel appearing for the Applicant and perused the records. None appeared for the Respondents.

8. This Adjudicating Authority vide order dated 10 May 2023, 04 July 2023, 21 August 2023 and 18 September 2023 had directed the Applicant to serve a copy of the above orders to the Respondent authorities. It is pertinent to note that the order dated 18^th September 2023 was served upon the following departments:

a. Additional Chief Secretary to Government Steel & Mines Department, Government of Odisha, Bhubaneswar.

b. Principal Secretary/Special Secretary, Department of Steel and Mines Department, Government of Odisha, Bhubaneswar.

c. Office of the Advocate General, High Court of Orissa.

d. Steel and Mines Department, Government of Odisha It is significant to note that despite service by the Applicant, there has been no representation or response by the Respondents.

9. On perusal of the Scheme of Arrangement, it is evident that the Nayagarh Railway Siding that was demerged from RML and merged with the Applicant herein, forms an integral part of the Scheme and the issue centres around transfer of requisite permissions from the concerned departments to the resu