2023 (9) TMI 306 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI

Maintainability of Section 7 application - opportunity of filing reply not given - order passed ex-parte - principles of natural justice - HELD THAT:- In view of the fact that notice by registry was received and served on 04.11.2022 which fact is not disputed, Adjudicating Authority ought to have given one more opportunity to file a reply. Proceeding ex-parte and reserving order is not giving sufficient opportunity to the appellant as contemplated by Rule 37 Sub Rule 2 of the NCLT Rule, 2016.

Ends of justice be served in giving one opportunity to the appellant to file a reply before the Adjudicating Authority. Let the appellant filed reply within two weeks from today and appear on the next date fixed by Adjudicating Authority - The order dated 06.12.2022 is set aside - appeal disposed off.