Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + AT Insolvency and Bankruptcy - 2023 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (4) TMI 447 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAICorrectness, validity and Legality of the Impugned Order of Dismissal - Proper and Correct address, as found in the Adjudicating Authority’s/ Tribunal’s Records and also in the Ministry of Corporate Affair’s Records - HELD THAT:- A Cursory Perusal of the Impugned Order passed by the Adjudicating Authority (National Company Law Tribunal, Hyderabad Bench, Court No – II) indicates that the Adjudicating Authority/ National Company Law Tribunal, Hyderabad Bench, Court - II had not spelt out anything about the Contents of the Memo preferred by the Petitioner/ Appellant and also not considered the aspect of Angina, the possibility of the Cardiologist, likely to rule out the possibility of any Thrombosis and advised to rest for Two Days. In this connection, this Tribunal, pertinently points out that the Adjudicating Authority/ Tribunal in the Impugned Order, had not said anything expressly or impliedly about the Prolonged Angina, of the Learned Counsel for the Appellant’s/ Petitioner’s Medical suffering. This Tribunal is of the considered view that the Impugned Order is bereft of Qualitative and Quantitative reasons, thereby leading to the miscarriage of Justice. Furthermore, it is the Prime Duty of an Adjudicating Authority/ Appellate Tribunal/ Competent Court of Law, whenever, it deals with an Application and at the time of passing of an Order, it has to evaluate the Pros and Cons of the respective Contentions advanced and also to assign reasons for arriving at a Proper and Just Conclusion, of course, by adverting to the Memo projected, dated 28/04/2022 and it is quite evident that the Memo speaks for itself, in respect of the Medical Emergency/ Inconvenience/ Suffering, of the Learned Counsel for the Petitioner/ Appellant. A reasoned Order will be the Heart and Soul of any Order to be passed in a Prudent and Rightful manner by an Adjudicating Authority/ Tribunal/ Competent Court of Law. This Tribunal is perforced to interfere with the Impugned Order, and sets aside the same, in the interest of Justice, subject to the condition that the Appellant, shall pay a Cost of Rs. 50,000/- (Fifty Thousand Rupees Only), to the Hon’ble Prime Minister’s National Relief Fund, of course, within a period of 8 Weeks, from Today and to produce the Copy of the receipt, before the Deputy Registrar, of the Adjudicating Authority/ National Company Law Tribunal, Hyderabad Bench, without Fail. Appeal disposed off.
|