M.M.Kumar, President - (1.) This is an application filed by the petitioner in a disposed of matter with a prayer that subsequent to the disposal of the company petition on 13.7.2017, non-applicant/respondent has issued notice dated 21.8.2017 (Annexure-2) for terminating the contract with J.V. Company. A prayer has been made to set aside the notice of termination and declare each of the Operating Licence Agreements/ Franchise Agreements in respect of 145 restaurants to be valid and subsisting. A further direction has been sought to non applicant-respondent Nos. 2 to 5 to execute Operating Licence Agreements/ Franchise Agreements in respect of 20 restaurants as per the notice of termination dated 21.8.2017. Some other prayers have also been made.
(2.) On advance notice of the application Mr. Chagla, learned Senior counsel has appeared and opposed the prayers made.
(3.) We have heard learned counsel for the parties at a considerable length and are of the view that this application at this stage would not be maintainable because both the applications as well as non applicant-Respondent No.1 have filed their respective appeals which are pending before the Learned National Company Law Appellate Tribunal.;