TMI Blog2021 (10) TMI 646X X X X Extracts X X X X X X X X Extracts X X X X ..... d out that Petitioners have got efficacious alternative remedy by way of appeal and therefore Petitioners should be relegated to the appellate forum. Union of India had made all possible efforts to serve copies of the Petitions to the Respondents either by email or by delivering physical copies or by post. Tribunal recorded that some of the Respondents had received copies and some had not received entire paper book. Therefore they had stated that they were not in a position to defend the matter in any manner. Though on this count adjournment was not sought for, the same was denied - there is no finding recorded by the Tribunal as to which of the Respondents were served and as to which of the Respondents did not receive entire paperbook. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioners in WPL No.20882 of 2021 and Mr. Andhyarujina, learned Senior Counsel for the Petitioner in WPL No.21058 of 2021. We have also heard Mr. Anil Singh, learned Addl. Solicitor General of India for Union of India as well as Mr. Venkatesh Dhond, learned Senior Counsel for the Resolution Professional. 3. Challenge made in both the Writ Petitions is to the order dated 31/08/2021 passed by the National Company Law Tribunal, Court-1, Mumbai Bench (briefly the Tribunal hereinafter) in C.P. No.294/MB/2021. 3.1. Be it stated that Shri Sudhir Chintamani Jatar; Shri Mansukhlal Panalal Surpriya; and Shri Subhash Shamsunder Dayama are the three Petitioners in Writ Petition (L) No.20882 of 2021 whereas Shri Chandrashekhar Ashok Nagarkar i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs, email, Whatsapp messaging, wherever required, in order to ensure due service of notice to all Respondents present in India and overseas; II. That the Respondent Nos.2 to 6 be immediately directed to disclose on affidavit their moveable and immovable properties/assets, including bank accounts, owned by them in India or anywhere in the world; III. That the Central Depository Services Ltd. (CDSL) and National Securities Depository Ltd. (NSDL) be directed that securities owned/ held by the Respondent Nos.2 to 6 in any company/society be frozen, and be prohibited from being transferred or alienation and details thereof be shared with the Petitioner; IV. That the Central Board of Direct Taxes (CBDT) may be directed to disclose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... newspapers, email, Whatsapp messaging, wherever required, in order to ensure due service of notice to all Respondents present in India and overseas; II. That the Respondents (except companies) are immediately directed to disclose on affidavit their moveable and immovable properties/assets, including bank accounts, owned by them in India or anywhere in the world; III. That the Central Depository Services Ltd. (CDSL) and National Securities Depository Ltd. (NSDL) is directed that securities owned/ held by the Respondent (except companies) in any company/society be frozen, and be prohibited from being transferred or alienation and details thereof be shared with the Petitioner; IV. That the Central Board of Direct Taxes (CBDT) i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e principles of natural justice, learned Addl. Solicitor General of India pointed out that Petitioners have got efficacious alternative remedy by way of appeal and therefore Petitioners should be relegated to the appellate forum. Another contention raised was that the matters were heard by a bench of the Tribunal whereas it should have been heard by the Principal Bench. This has been refuted by Mr.Dhond, learned Senior Counsel appearing for the Resolution Professional. In this connection several documents have been placed before the Court. 10.1. Learned Counsel for the parties have also relied upon a number of decisions. 11. Submissions made by learned Counsel for the parties have been duly considered. 12. We have already noted the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e served and as to which of the Respondents did not receive entire paperbook. 16. Tribunal is the adjudicating authority and it discharges judicial functions. Proceedings before a Tribunal while discharging judicial functions must be conducted in just, fair and judicious manner. Notice is the first point of fair hearing. Even a person against whom there are most serious allegations is also entitled to a notice and hearing. That apart, the adjudicating authority, in this case the Tribunal, should not be seen to be in hurry or in haste to decide a case or to pass an order. 17. At this stage we may refer to section 424 of the Companies Act, 2013 which says that though the Tribunal is not bound by the procedure laid down in the Code of Ci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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