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TMI Blog2022 (6) TMI 541X X X X Extracts X X X X X X X X Extracts X X X X ..... No.28 of 2022, on the file of this 'Appellate Tribunal', is taken up for 'Final Disposal'. According to the Learned Senior Counsel for the Appellant, the 'impugned order' dated 23.02.2022 in CP/82(CHE)/2021 was passed by the National Company Law Tribunal, Division Bench II, Chennai in granting relief (1) "(b) appointing an independent forensic auditor to conduct the forensic audit on the affairs of the 1st Respondent Company from 01.02.2018 and to submit a report before this 'Tribunal' and (2) the direction was issued by the 'Tribunal' that the Respondent Company shall not conduct Statutory Meetings and if at all any meeting is to be conducted, the same shall be carried out only in the presence of a Chairman appointed by this 'Tribunal', ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a' suffers from 'legal infirmity', which cannot stand all 'moments scrutiny' in Law. It must be borne in mind that 'Reasons' found in an order are the 'Heart' and 'Soul' of any 'Order' passed by the 'Tribunal' in a given case and that is the essence of 'Fair Play' action. If the 'Tribunal' / 'Court' of Law passes an 'Order' at least with some kind of reasons being assigned therein and not arriving at a conclusion, then it will enable the 'Superior Forum' to examine the 'Validity' and 'Legality' of the 'Order' passed by it in a 'qualitative' and 'quantitative' manner. It is true that 'Natural Justice' is uncodified but the principles are 'ingrained' into the conscience of a Homo sapien. No wonder, an 'impugned order', bereft of reasons, m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of statutory meeting, by providing adequate opportunities to both sides to argue the matter and after 'Hearing' the parties, the 'Tribunal' (National Company Law Tribunal, Division Bench II, Chennai), also following the 'Principles of Natural Justice', is to assign reasons for arriving at its just fair conclusion in granting the reliefs or otherwise in the subject matter in issue. It is open to the respective sides to canvass all factual and legal pleas before the 'Tribunal' (National Company Law Tribunal, Division Bench II, Chennai), which shall be considered, while passing a 'Reasoned Order' in a 'Fair' and 'Just' manner and the said 'Order' shall be passed by the 'Tribunal' in any event not less than 'four weeks' from the date of receip ..... X X X X Extracts X X X X X X X X Extracts X X X X
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