Case Note & Summary
The National Company Law Appellate Tribunal dealt with three company appeals filed by Ascot Realty Pvt. Ltd. against Starlight Real Estate (Ascot) Mauritius Ltd. and others. The appeals arose from orders passed by the NCLT, Mumbai Bench in Company Petition CP/761(MB)/2017, which involved proceedings under Sections 241, 242, and 244 of the Companies Act, 2013. The Tribunal noted that the NCLT had made a final adjudication on 18.08.2026, merging all interim orders with this final judgment. The first appeal, Company Appeal (AT) No. 259 of 2026, challenged an interlocutory order dated 06.03.2026, which had dismissed an application for interim relief. The Appellant sought condonation for a 30-day delay in filing the appeal, which the Tribunal condoned after finding the reasons satisfactory. The second appeal, Company Appeal (AT) No. 312 of 2025, contested an order dated 17.10.2025, which directed the supply of documents during the pendency of the Company Petition. The Tribunal also condoned a 2-day delay in this appeal. The third appeal, Company Appeal (AT) No. 313 of 2025, was against an order dated 20.11.2025, which issued directions regarding the presence of a director. During the hearings, the parties jointly stated that the final adjudication had rendered the appeals moot, leading the Tribunal to close the appeals without delving into their merits. The Tribunal allowed the Appellant the option to appeal against the final judgment of 18.08.2026, leaving all contentions open for both parties. The appeals were thus closed.
Headnote
A) Company Law - Interlocutory Orders - Nature of Orders - Companies Act, 2013, Sections 241, 242, 244 - The appeals were based on interlocutory orders passed during the pendency of the Company Petition, which were merged with the final adjudication. The Tribunal held that since the final determination was made, the appeals would stand closed (Paras 1-8). B) Company Law - Condonation of Delay - Delay in Filing Appeals - Companies Act, 2013, Sections 241, 242, 244 - The Appellant sought condonation of delay in filing the appeals, which was found satisfactory by the Tribunal. The delay was condoned, allowing the appeals to proceed (Paras 3, 5).
Issue of Consideration
Whether the appeals should be allowed in light of the final adjudication made by the NCLT.
Final Decision
The Tribunal dismissed the appeals, holding that they were rendered moot by the final adjudication made by the NCLT, allowing the Appellant the option to appeal against the final judgment.
Law Points
- Interlocutory orders
- Condonation of delay
- Final adjudication
- Section 241
- 242
- 244 Companies Act
