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2022 (6) TMI 541

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..... f feeling of injustice, whether it be an Administrative/ Judicial / Quasi-Judicial Forum which passes it as opined by this Tribunal. The Respondent Company shall not conduct statutory meeting etc., were passed by the Tribunal in a non-speaking manner and without assigning qualitative and quantitative reasons - the matter is remitted to the National Company Law Tribunal, Division Bench II, Chennai to pass a de novo orders in so far as it relates to the aspect of appointing an independent forensic auditor to conduct the forensic audit on the affairs of the 1st Respondent Company from 01.02.2018 and for issuance of directions in regard to the conduct of statutory meeting, by providing adequate opportunities to both sides to argue the matter .....

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..... Chairman appointed by this Tribunal , for which, a separate Interim Application is to be filed and further that the matter was directed to be listed on 28.04.2022 for reporting compliance . In this connection, the Learned Senior Counsel for the Appellant submits that the aforesaid order is not valid, in the eye of Law, because no tangible / substantial reasons were assigned by the Tribunal (National Company Law Tribunal, Chennai in CP/82(CHE)/2021 dated 23.02.2022) in so far as granting relief (b) and other relief are concerned of course, to and in favour of the Respondents / Petitioners. Although the Learned Senior Counsel for the Appellants took this Tribunal to the relevant pages of the Appeal Paper Book in the instant C .....

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..... o wonder, an impugned order , bereft of reasons, may be a valid one from the point of view of an Authority / Tribunal , who had passed the same but to the affected, the same is not a valid one, as it infringes the right, thereby causing hardship and prejudice to him. The principles of Natural Justice are not the edicts of a Statute . It is to be remembered that absence of furnishing reasons will give an individual a sense of feeling of injustice , whether it be an Administrative / Judicial / Quasi-Judicial Forum which passes it as opined by this Tribunal . In view of the fact that the impugned order dated 23.02.2022 in CP/82(CHE)/2021, so far as it relates to the relief of (b) portion and the other direction that the .....

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