Nagpur :- In our article earlier, we mentioned how MCA (ministry of corporate affairs) had to forcibly intervene by appointing a senior officer as the Administrator to put an end to the dictatorial Presidency of Ashwin Mehadia, who was alleged to be involved in various irregularities and illegalities in running the NVCC as a company.
Owing to the intervention of MCA and the appointment of an administrator to get NVCC running statutorily once again. The appointment of an administrator ceases /prohibits any act to be carried out by any member of the board or be it the President himself. In simple terms the board that was there previous to the appointment of an Administrator is deemed as suspended and having no authority or power to execute anything without prior consent of the Administrator once that has been appointed.
However, Ashwin Mehadia Somewhat chose to bypass the Administrator’s Authority and did not find it befitting his Stature to seek permission or consent of approval from the Administrator to file a Company Appeal in National Company Law Appellate Tribunal (NCLAT). The company Appeal (AT) 31 of 2023 was dismissed as withdrawn, because it was filed without the consent or approval from NCLT appointed Administrator.
Totla and Mehadia were questioned as to under whose authority did they file the appeal, since neither of them had the powers since the board too was suspended and termed it as willful disobedience on their part and also contempt of NCLT.
NCLAT also dismissed the company appeal (AT) 30 of 2023 as withdrawn by Ashwin Mehadia but granting him the liberty to approach NCLT within 2 weeks.
The Order copies of NCLAT are attached here with .