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2021 (10) TMI 895 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHIFreezing of Assets and ‘Bank Accounts’ of the Appellant - Opportunity of Hearing provided or not - principles of natural justice - HELD THAT:- It must be borne in mind that the ‘Rules of Natural Justice’ are not the edicts of a statute. As a matter of fact, the rudimentary requirement is that (i) Fair play (ii) a Determination/An Adjudication is to be made after ascribing necessary reasons in a fair, just, and objective manner of course, based on the relevant facts/materials in a given case - an opportunity of hearing is to be afforded to an ‘individual’ to air / put forward is point of view by either contradicting or raising objection, in regard to the claim which is ‘Detrimental’ to him. No wonder, the ‘Rules of Natural Justice’ do supplement the Law and they do not ‘Supplant the Law’. It cannot be forgotten that the ‘Tribunal’ has the trappings of a ‘Court’ and its powers are limited to the ingredients of the Companies Act, 2013 in that behalf and exercised in specified matters mentioned therein. The ‘Tribunal’ and the ‘Appellate Tribunal’ are to be guided by the ‘Principles of Natural Justice’ - this Appellate Tribunal makes a significant mention that whether a certain ‘Principles of Natural Justice’ is applicable to a particular situation or whether in a given case there is violation of ‘Principle of Natural Justice’ is to be judged on the facts and circumstances of each case, which float on the surface. Rule 44 of the ‘NCLT’ Rules, 2016 pertains to hearing of petition or applications. Rule 45 deals with ‘rights of a party to appear before the Tribunal’. Rule 49 speaks of Ex parte hearing and disposal. Rule 51 refers to ‘Power to regulate the procedure’. Rule 55 says that ‘No pleadings subsequent to the reply, shall be presented except by the leave of the Tribunal upon such terms as the Tribunal may think fit - there is no two opinion of a primordial fact that the ‘Tribunal’ in a given case is not to pass an order in a flurry manner and of course, it is to pass an order with utmost care, caution and circumspection. Ordinarily, no man shall be condemned without being heard. ‘Notice’ is the initial element and integral part of the principle of natural justice. Section 241(2) of the Companies Act, 2013 empowers the Central Government, if it is of the opinion that the affairs of the Company are being conducted in a manner prejudicial to public interest, it may itself apply to the Tribunal for an order etc. under the Companies Act, there is no restriction on the generality of the power of a Tribunal. Section 242 of the Companies Act is verbatim similar to that of Section 402 of the Companies Act. As per Section 242(m) of the Companies Act, 2013, the Tribunal, for any other matter, in its opinion it is just and equitable that a provision should be made can pass orders on just and equitable ground. NCLT is directed to pass necessary fresh recent orders in a fair, just, dispassionate manner on merits, afresh (because of the fact that there was a ‘negation of principles of natural justice’ in not adhering to the ‘National Company Law Tribunal’ Rules, 2016, in so far as the Appellants/Respondents 11 and 12 are concerned). Appeal disposed off.
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