Allahabad High Court
MAZZ ABU SAEED ADULT AND ANOTHERversusNATIONAL COMPANY LAW TRIBUNAL AT ALLAHABAD AND 7 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The writ petition is disposed with a direction to the NCLT to decide the pending company petition within one year.
Summary
The petitioners, Mazz Abu Saeed Adult and another, filed a writ petition before the Allahabad High Court seeking a direction to the National Company Law Tribunal (NCLT) to decide Company Petition No.09/ALD/2024, which has been pending since 2024. The petition invoked Sections 241, 242 read with Section 210 of the Companies Act, 2013 and Rule 11 of the NCLT Rules, 2016. The petitioner argued that the prolonged delay defeats the purpose of the proceedings and requested an expeditious decision. The Court observed that keeping the writ petition pending would serve no useful purpose while the substantive case remained undecided. Consequently, the Court disposed of the writ petition and directed the NCLT to decide the pending case within one year, subject to service of notice and hearing of all parties.
Issues considered
- Whether the High Court can issue a direction to the NCLT to decide a pending company petition expeditiously.
- Whether the delay in adjudicating the company petition violates the statutory time limits under the Companies Act, 2013 and NCLT Rules.
Legislation cited
- Companies Act, 2013 — s. 210, 241, 242
- National Company Law Tribunal Rules, 2016 — s. Rule 11
Subjects
- writ petition
- delay
- NCLT
- Companies Act 2013
- Section 210
- Section 241
- Section 242
- Rule 11
- expeditious disposal
- High Court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10448 of 2026
Mazz Abu Saeed Adult And Another
.....Petitioner(s)
Versus
National Company Law Tribunal At Allahabad And 7
Others
.....Respondent(s)
Counsel for Petitioner(s) : Vipin Kumar Kushwaha
Counsel for Respondent(s) :
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"To direct the respondent no.1 to decide the Company Petition
No.09/ALD/2024, under Section 241, 242 r/w 210 of the Companies Act,
2013 r/w Rule 11 of the National Company Law Tribunal Rules, 2016
(Maaz Abu Saeed & Others Vs. M/s Tashmiyah Leather Pvt. Ltd. &
Others)"
3. Learned counsel for the petitioner submitted that the above-mentioned case
is pending consideration since 2024, the same has not been decided till date.
Learned counsel prayed that the same may be decided, expeditiously.
4. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction to
the National Company Law Tribunal, Allahabad to decide the above-mentioned
case, in accordance with law, expeditiously, preferably within one year from
the date of production of a certified copy of this order, after ensuring service of
notice upon all the respondents and providing opportunity of hearing to all the
concerned parties provided there is no other legal impediment.
March 19, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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