TMI Blog2023 (8) TMI 549X X X X Extracts X X X X X X X X Extracts X X X X ..... thority primarily on the ground that there was a pre-existing dispute and on limitation - From the narration of the facts, it appears to this Court that the appellant has a serious grievance on whether the order of the adjudicating authority for the production of documents was complied with. Production of documents was sought to establish that there was an acknowledgment of debt. The impugned order of the NCLAT has not entered any finding of fact on whether there was compliance of the order for production of documents. Though it was urged by the respondent that the order for production of documents had been complied with, no expression or opinion expressed on finding by the NCLAT on this aspect of the matter. Matter restored back. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting Authority under Rule 43 of the NCLT Rules 2016 and also under Section 424 of Companies Act 2013, for requiring the discovery and production of documents, it is deemed necessary to call for necessary documents from the CD, such as the Trial balance, Leger Accounts, other financial statements, and Balance Sheets for the period 2011-12 till 2017-18 for perusal of this Authority and getting a total picture. This is however, for the limited purpose of this IA, and no view is given on the main petition as contained in the CP (IB)/26/GB/2019. 10. In this scenario, the relief sought by the applicant in the present application is granted only to the above extent, and the CD is directed to produce for perusal of this Authority its Trial Bal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court that the appellant has a serious grievance on whether the order of the adjudicating authority for the production of documents was complied with. Production of documents was sought to establish that there was an acknowledgment of debt. 11 The impugned order of the NCLAT has not entered any finding of fact on whether there was compliance of the order for production of documents. Though it was urged by the respondent that the order for production of documents had been complied with, we do not find any expression or opinion on finding by the NCLAT on this aspect of the matter. 12. Consequently and without this Court expressing any opinion on the rival contentions on merits, we are of the considered view that it would be appropriate ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
