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2022 (9) TMI 173 - AT - Insolvency and BankruptcyScope of pronouncing of judgement - Whether a member of the bench who has not heard the arguments can pronounce the order of a reserved Judgment? - HELD THAT:- Audi alterm partem is a salutary principle of natural justice which means that nobody should be condemned unheard. It is equally important that the decision should not be taken by a Judge who has not heard the case on facts and the law. The law does not permit that the case is heard by one entity and the order is pronounced by another who has not heard the case at all. In such circumstances, the question posed is hereby answered in favour of the Appellant and it is held that the order dated 10.01.2018, having been passed by a bench in which one of the member was not a member of the bench who had heard the matter at the time when it was reserved, is patently illegal and void ab-initio. Time Limitation - HELD THAT:- The appeal filed by the Appellant is well within the period of limitation even against the order dated 10.01.2018 because the said order was never pronounced to the knowledge of the Appellant and by the bench competent to do so and as such it could not have been challenged by the Appellant earlier within the time prescribed by Section 61 of the Code. Appeal allowed.
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