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2022 (4) TMI 265 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHIViolation of principles of natural justice - observations made in the Impugned Order against the Appellant Company, without putting the Appellant to Notice - revival of name of appellant, which is the third party to the proceedings - HELD THAT:- This is not deemed to be a fit case to delve deep into the merits of the matter regarding terms and conditions of the JDA, the possession of the land or otherwise but simply decide as to whether the observations made by the NCLT regarding the submissions made by the Applicant be expunged. The fact remains that there was a JDA between the parties and there are no force in the contention of the Appellant that these statements may cause harm, if used in any collateral proceedings. Also, RoC did not prefer any Appeal and that the Appellant Counsel has categorically stated that they do not have any objection to the name of the ‘Ahuja Company’ being restored in the Register of Companies. There is no rebuttal by the Respondent with respect to the contention of the Appellant that they were not put to Notice or heard on that particular date as the matter was taken up allowing the early hearing Application. This Appeal by the Appellant Company is disposed of only with respect to modification of the Order Impugned expunging that "It is submitted that an amount of 5 crores has been paid to respondent no. 6 and the land which is in possession of the company is to be developed and the flats are to be delivered to the home buyers." The Registry is directed to upload the Judgement on the website of this Tribunal and send a copy of this Judgement to NCLT (National Company Law Tribunal, New Delhi) forthwith.
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