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2021 (10) TMI 390 - Corporate Laws
Principles of Natural Justice and fairness - Appellant's request for the grant of sufficient time to file its reply/counter to the Company Petition, rejected - grant of only short span of less than two days of filing reply, correct or not - HELD THAT:- It is pertinent to mention that Section 98 of the Companies Act, does not prescribe any time limit or limitation on the Learned NCLT to pass order within that time limit. Engrafting the provisions of Section 100(4) in Section 98 would be wholly misconceived and untenable. Undisputedly, the reliefs sought in the Company Petition are specifically under Section 98 of the Companies Act. Given that Section 98 does not prescribe any time limit, the Learned NCLT ought to have granted reasonable time to the Appellant to file a reply.
It is clear that the Learned NCLT has committed an error in not granting reasonable and sufficient time for filing a reply, which is a complete violation of Rule 37 of NCLT Rules and Principles of Natural Justice - reasonable and sufficient opportunity should be given to the Appellants for filing a reply - Appeal disposed off.