TMI Blog2021 (3) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... LAT has remanded the proceedings back to the NCLT for fresh consideration on merits. The grievance of the appellants is that this would preclude them from applying for the grant of ad-interim relief during the pendency of the proceedings before the NCLT and the final hearing of the petition may take several years. The appellants should, in our view, be granted liberty to apply afresh before the NC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P.K. Mittal, Praveen Mittal, Advs. and Rajesh Goyal, AOR ORDER 1. The appellants filed a petition under sections 241 and 242 of the Companies' Act 2013, complaining of oppression and mismanagement. An ex-parte order was passed by the National Company Law Tribunal on 5 October 2020. Instead of moving the NCLT for vacating the ad-interim order, the respondents moved the National Company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The NCLAT was not correct in coming to the conclusion that the order of the NCLT has to be set aside on the ground that it was passed without furnishing to the respondent an opportunity of being heard. The essence of an ex-parte order is that it is passed without hearing the other side, in a situation where the adjudicating authority is satisfied that a case involving a grave urgency is made out. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proceedings before the NCLT and the final hearing of the petition may take several years. The appellants should, in our view, be granted liberty to apply afresh before the NCLT for interim relief on the basis of the same application on which the NCLT passed its order. In order to enable the respondents to have an opportunity to controvert the application for interim relief, we direct that they ..... X X X X Extracts X X X X X X X X Extracts X X X X
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