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2021 (12) TMI 157 - AT - Companies LawSeeking direction to Appellant to maintain Status Quo in relation to the ‘shareholding pattern’ as well as in relation to the ‘properties of the 1st Respondent Company - eligibility to file a petition under Sections 241, 242 of the Companies Act, 2013 - prime plea taken on behalf of the Appellant is that the ‘Tribunal’ had passed the ‘impugned order in negation of the ‘principles of natural justice’ as against the well settled the principle of law and judicial precedent - HELD THAT:- There is no two opinion of a primordial fact that no waiver application as per Section 244 (1)(b) was filed before the ‘Tribunal’ (National Company Law Tribunal, Chennai Bench, in main Company Petition) by the Respondent/Petitioner/Applicant. Taking note of the divergent contentions advanced by the Learned Counsel appearing for the parties, in view of the fact that the plea of maintainability of the petition going to the root of the matter is raised on behalf of the Appellant and the same is repelled/repudiated on the side of the Respondent and added further, that the ‘plea of waiver’ as visualised under the Companies Act, 2013, in the absence of application being filed by the Respondent before the Tribunal is projected before this ‘Appellate Tribunal’, at this stage, this Tribunal, simpliciter, without traversing upon the merits of the case and also without expressing any opinion in disregard set aside the impugned order dated 21.02.2020, since the said ‘Ex Parte impugned order’ was passed in disregard to the ingredients of Section 420 of the Companies Act, 2013 (providing reasonable opportunity of being heard) in negation of the principles of natural justice and in not issuing ‘Notice’ to the opposite party as required under Rule 37 of the NCLT Rules, 2016 which is required to be adhered to by the ‘Tribunal’. This Tribunal allows the Appeal and remits back the matter for passing a ‘de novo order’, by granting opportunity to the respective parties to raise all factual and legal pleas before the Tribunal - Appeal disposed off.
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