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2022 (4) TMI 260 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHIJurisdiction - power of this Bench to appoint an independent Commissioner - appointment with the fact finding mission and to submit a report so that the information which is essentially required for the just adjudication of the list between the parties, is made available - HELD THAT:- Without delving deep into the merits of the matter, this Tribunal is of the considered opinion that the matter be remitted to NCLT for hearing and deciding the case on merits. Having regard to the facts and circumstances of the attendant case on hand, this Tribunal is of the earnest view that the contents of the report not be quoted or used, till all the pleadings are completed and due opportunity is given to the Appellant for filing their objections. Needless to add, NCLT may, if it feels fit, decide to place reliance on the report, but not before the pleadings are completed and due opportunity is given to the Appellants herein. The NCLT shall hear the matter afresh giving due opportunity to the second Respondent who sought a few days time to file a ‘Detailed Reply’ before the NCLT - Appeal disposed off.
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