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2017 (1) TMI 1789 - NATIONAL COMPANY LAW TRIBUNAL AHMEDABADEx-parte order or not - Prayer to set aside/recall ex-parte order - it is alleged that the order was obtained by perpetrating fraud, deceit and suppressing material facts from the Tribunal - violation of principles of natural justice - HELD THAT:- It is crystal clear that without giving any notice to the original petitioner and without serving copy of the application to the petitioner in a pending matter, interim application was moved and order was passed on it. It is also pertinent to refer to another aspect, that is the status quo order passed by the Company Law Board, Delhi Bench on July 9, 2015. It was a consent order. In that order, the original respondents are directed to maintain status quo over the shareholding and assets of the company, to maintain the board with the petitioner and the second respondent as directors, suspension of respondent No. 3 as director in the company until further orders. It is further ordered in that order that the respondent shall take the consent of the petitioner in relation to banking operations until further orders - Since in the impugned order dated November 22, 2016 there is no reference to the Company Law Board, Delhi Bench order dated July 9, 2015 it cannot be given any preference or precedence over the order dated July 9, 2015 on the ground that it is a latest one. In view of the fact that no notice has been served upon the original petitioner and the impugned order was passed only after hearing respondent No. 2, it can only be called as an "ex-parte order" - In the petition, the original petitioner alleged about fraud, but there is no need to discuss that aspect on this application since the order itself is an ex-parte order. This application is allowed setting aside the ex-parte order.
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