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2023 (4) TMI 719 - AT - Insolvency and BankruptcyViolation of principles of natural justice (audi alterem partem) - 2nd Respondent / Resolution Professional is a party to the proceeding or not - non-providing an opportunity to explain the facts as to why the 2nd Respondent / Resolution Professional, was a necessary Party - seeking summon to Resolution Professional, for not paying the Corporate Insolvency Resolution Process costs, for a period of nearly six months to the Appellant - HELD THAT:- On a careful perusal of the Impugned Order dated 25.08.2022 in IA/596(CHE)/2022 in CP/1264/IB/2018, on the file of the Adjudicating Authority, National Company Law Tribunal, Special Bench, Court – I, Chennai, this Tribunal, is of the considered view that, though the Learned Counsels appearing for the Parties, were present, nothing is made mention of or recorded in the Impugned Order, as to whether the Learned Counsels, had prayed for an opportunity, to explain the necessary facts having provided to them - Suffice it, for this Tribunal, to make a pertinent mention that the Impugned Order, is conspicuously silent, on this aspect. This Tribunal, to aptly points out the Judgment of the Hon’ble Supreme Court of India in Central Bank of India v. Vrajlal Kapurchand Gandhi & Anr. [2003 (7) TMI 708 - SUPREME COURT], wherein, it is observed that Statements of fact as to what transpired at the hearing recorded in the judgment of the court, are conclusive of the facts so stated and no one can contradict such statements by affidavit or other evidence. If a party thinks that the happenings in Court have been wrongly recorded in a judgment, it is incumbent upon the party, while the matter is still fresh in the minds of the Judges, to cull the attention of the very Judges who have made the record. That is the only way to have the record corrected. It is an axiomatic principle in Law, that the Tribunal / an Appellate Tribunal, are guided by the Principles of Nature Justice, notwithstanding the fact that it can regulate its own procedure, as it deems fit and proper. However, the Tribunal (Adjudicating Authority), under Section 5 (1) (a) of the I & B Code, 2016 - 408 of the Companies Act, 2013 and an Appellate Tribunal (NCLAT), as per Section 410 of the Companies Act, 2013, are very much required and guided to adhere to the Principles of Natural Justice, in terms of ingredients of Section 421 (4) of the Companies Act, 2013, and as per Rule 34 of the NCLT Rules, 2016 - the Principle of Audi Alteram Partem, has been negated, as seen from the Impugned Order. On this simple ground alone, this Tribunal, without delving deep into the merits of the matter nor expressing any opinion, one way or the other simpliciter, at this juncture, is inclined to set aside, the Impugned Order, and allows, the Comp. App (AT) (CH) (INS.) No. 53 / 2023, in furtherance of Substantial Cause of Justice. The matter is remitted back to the Adjudicating Authority, who shall restore the IA/596(CHE)/2022 in CP/1264/IB/2018 to its file and after restoration of the said Application, and taking it on file, is to pass an reasoned / speaking order, De novo, both on, qualitative and quantitative term(s), by adverting to the Arguments / Factual and Legal pleas, raised on behalf of the Parties - appeal disposed off.
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