Tribunals and CommissionsDivision Bench(2023) 10 NCLAT CK 3385

Govt. Of Tamil Nadu, Commercial Taxes And Registration Dept. vs S. Rajendran, Resolution Professional Of Empee Distilleries & Ors.

National Company Law Appellate Tribunal, CHENNAI Bench · Decided on 9 October 2023

HON’BLE JUDGES
M. Venugopal, Member (Judicial) · Shreesha Merla, Member (Technical)
CASE NUMBER
Company Appeal (AT) (CH) (Ins) No.311/2023

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Judgment

4 paragraphs · 224 words

ORDER

After hearing the arguments of Mr. B. Vijay, Learned Addl. Govt. Pleader in the instant Comp App (AT) (CH) (Ins) No.311/2023, appearing for the ‘Appellant’, for quite some time, this ‘Tribunal’, at this stage, ‘simpliciter’, is not inclined to interfere with the ‘Impugned Order’, dated 17.07.2023 in IA(IBC)/24(CHE)/2023 in MA/1250/2019 and MA/780/2019 in CP(IB)/280/CHE/2018, passed by the ‘Adjudicating Authority’ / ‘Tribunal’. However, this ‘Tribunal’, to prevent an ‘Aberration of Justice’, and to promote ‘Substantial Cause of Justice’, directs the ‘Appellant’, to file `Interlocutory Application’ / `Petition’, seeking to remove the ‘Attachment Order’, passed by the ‘Adjudicating Authority’ / ‘Tribunal’, within ‘one week’ from ‘Today’. In the event, if such an `Application’, is filed on behalf of the ‘Appellant’ / ‘Petitioner’, then the ‘Adjudicating Authority’, after scrutiny shall number the same, if it is otherwise in ‘Order’ and to dispose of the `Application’, within ‘two weeks’ thereafter, by providing an adequate opportunity of hearing by adhering to the ‘Principles of Natural Justice’.

It is pointed out that the ‘Adjudicating Authority’, shall pass a reasoned / speaking ‘Order’ on merits, of course, in a ‘Fair’, ‘Just’ and in a ‘Dispassionate manner’, of course, uninfluenced and untrammelled, with any of the ‘observations’, made by this ‘Tribunal’, in this ‘Appeal’.

With the aforesaid observations, the instant Comp. App (AT) (CH) (Ins) No.311/2023, stands `disposed of’. No costs.