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2022 (12) TMI 98 - AT - Companies LawTermination of commercial sub-contracts - It has been alleged that the ‘Impugned Order’ was in violation of the principles of natural justice and was passed in the course of daily proceedings, without hearing the `State of Kerala’, who is the owner of the project - HELD THAT:- This Appellate Tribunal do hold that prima-facie the ‘Tribunal’ had sufficient powers to appoint the ‘Inspector’ and therefore we do not find any error on this aspect. Incidentally, it is noted that opportunity was given to both ‘Appellants’ and ‘Respondents’ to give the memo of names to appoint inspector. However, due to non-response from the ‘Appellants’, the ‘Tribunal’ appointed on request of the ‘Respondents’ herein ‘Shri Ravish Kumar’ as an ‘Inspector’. As regard the contention of the ‘Appellants’ that no opportunity was given to them of being heard and they were denied two weeks period to file objection to report of Shri Ravish Kumar- Inspector appointed by the ‘Tribunal’, this Appellate Tribunal note form the ‘Impugned Order’ that the ‘Respondents’ therein/ ‘Appellants’ herein have availed many adjournments in the matter under one pretext or other - this Appellate Tribunal do not find any error in the Impugned Order with reference to this aspect especially keeping in view that this is only interim measure subject to final CP which is yet to be disposed by the ‘Tribunal’ along with I.A filed by the Appellant on maintainability issue. As regards the plea that the existence of the Company will be at `Stake’ since the ‘Tribunal’ by the ‘Impugned Order’, has prohibited from withdrawal of any money from revenue collection. This `Appellate Tribunal’ will like to take this fact in to consideration that without regular cash flow available, it would be difficult for the concerned Company to pay Salary and other Operational Expenses. However, looking to various averments made and keeping in mind the ‘Report’ of independent Inspector appointed by the ‘Tribunal’ as per Companies Act, 2013 who has pointed out several irregularities by the ‘Appellants’, it may not be advisable to intervene at this stage. Appeal disposed off.
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