Calcutta High Court (Appellete Side) Bhagwan Finance Corporation (P) Ltd vs Chotto Sud & Ors on 17 May, 2017 1 17052017 Civil Revisional Jurisdiction sh7 . CO 1480 of 2017 Bhagwan Finance Corporation (P) Ltd. v. Chotto Sud & Ors. Mr. P.K. Murarka Ms. Sutapa Roychowdhury ... for the petitioner. Mr. Chotto Sud .... for the opposite party no. 1 in person. Mr. Prabhjot Singh ... for the opposite party no. 2. Mr. Aritra Basu Mr. Sachidanand Pandey ... for the proforma opposite party. This revisional application, under Article 227 of the Constitution of India, is directed against the orders dated January 30, 2017 and April 11, 2017 passed by the National Company Law Tribunal, Kolkata Bench(hereinafter referred to as " the Tribunal") in C.A. No. 378 of 2014 in C.P. No. 48 of 1996 and I.A. No. 59 of 2017 arising out of C.P. No. 48 of 1996, respectively. However, at the very out set of the 2 hearing of this application Mr. Murarka, learned Senior Advocate appearing in support of the revisional application submitted that the petitioner restricts its challenge in this application only to the order dated April 11, 2017 passed by the learned Tribunal in I.A. No. 59 of 2017, arising out C.P. No. 48 of 1996. In the year 1996, the opposite party no. 1, supported by the opposite party no. 2 filed the application, being C.P. No. 48 of 1996 under Sections 197 and 398 of the Companies Act, 1956 against the petitioner company and one of its directors before the erstwhile Company Law Board. Apart from the said C.P. No. 48 of 1996, the opposite party nos. 1 and 2 filed another application, being C.P. No. 61 of 1999 [Chotoo Sud & Anr. vs. Magnitude & Dimension (Eastern) Ltd. & Ors.], under Sections 397 and 398 of the Companies Act, 1956, before the Company Law Board. At one point of time both the said application C.P. No. 48 of 1996 and C.P. No. 61 of 1996 were taken up by the Company Law Board for analogous hearing. In both the said proceedings various applications were filed by the respective parties and from time to time, various orders were passed therein, both by the Company Law Board, as well as by this Court in appeal. By an order dated December 02, 2005 the Company Law Board dismissed both the petitions C.P. No. 48 of 1996 and C.P. No. 61 of 1999. It appears that the opposite party no. 1 filed an application, being C.A. No. 378 of 2014 in C.P. No. 48 of 1996 before the Company Law 3 Board praying for, inter alia, recalling of the orders dated September 16, 2005, December 2, 2005 and June 21, 2006 passed by the Company Law Board and certain other relief. During the pendency of the said application C.A. No. 378 of 2014, the Companies Act, 2013 came into force whereby the earlier Companies Act, 1956 stood repealed. After the enactment of the Companies Act, 2013, with effect from June 1, 2016 the Tribunal was established and all proceedings pendings before the erstwhile Company Law Board stood transferred to the learned Tribunal. Consequently, C.A. 378 of 2014, stood transferred from the Company Law Board to the Tribunal. The proforma opposite party herein filed an application, being I.A. No. 24 of 2016 before the learned Tribunal praying for, substituting the heirs and legal representatives of the respondent in C.P. No. 48 of 1996 who died intestate. The said application was under Order XXII Rule 9 of the Code of Civil Procedure. By order dated November 16, 2016 the Tribunal dismissed the said I.A No. 24 of 2016 on the ground that the original application C.P. No. 48 of 1996 stood dismissed. The learned Tribunal held that since C.P. No. No. 48 of 1996 stood dismissed, the filing of the application for bringing the heirs and legal representatives of the respondent no. 2 in C.P. No. 48 of 1996 does not arise. However, by order dated January 30, 2017 the learned Tribunal without recalling of the order of dismissal of C.P. No. 48 of 1996 partly allowed the said application C.A. No. 378 of 2014. Therefore, the present petitioner 4 filed an application under Section 420(2) of the Act of 2013 before the Tribunal praying for, recalling of the order dated Ja