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Judgment
O R D E R
Heard Mr. M.S. Krishnan, Learned Senior Counsel, appearing for the Appellant in the instant `Appeal’ at the stage of Admission.
It is represented on behalf of the Appellant that, the `Adjudicating Authority / Tribunal’, has passed the `Impugned Order’ in IA No. 1638 / 2023 in CP (IB) / No. 11 / 10 / HDB / 2017 that without providing an opportunity to the ‘Appellant’, in regard to the supply of Documents by the `Liquidator’ and also not adhering to the `Principles of Natural Justice’, to hear the `Appellant’. The Adjudicating Authority / Tribunal was perforced to `Reserved Orders’ on 07.12.2023. In the event of any ‘Orders’ being detrimental to the Appellant are / were passed, then, the `Appellant’ can negate the `Principles of Natural Justice’. The pre-requisite factor to be followed by the `Adjudicating Authority / Tribunal’, under IBC 2016, despite the fact that Rule 37 of the NCLT Rules, 2016, directs a leverage for the `Adjudicating Authority / Tribunal’, to adopt its own Procedure, but essentially to adhere to the `Principles of Natural Justice’.
Viewed in that perspective, this `Tribunal’, at this stage simpliciter is of the earnest opinion that the `Adjudicating Authority / Tribunal’, in respect of the Impugned Order in IA No. 1638 / 2023 in CP (IB) / No. 11 / 10 / HDB / 2017 is referred to adhere to the `Principles of Natural Justice’ (by providing an opportunity of ‘Hearing’), and adhering to the true letter and spirit of NCLAT Rules, 2016, without any deviation whatsoever.
Accordingly, the `Adjudicating Authority / Tribunal’, is directed to provide an opportunity of `Hearing’, when the matter is directed to be Listed 22.12.23 and before any `Order’ or much less an `Adverse Order’, being passed against the `Appellant’ that cannot be done to the detriment of the `Appellant’, in all aspects. Also, the `Adjudicating Authority / Tribunal’, shall also provide an opportunity of `Full Hearing’, in respect of the supply of Documents by the 1st Respondent and other side and when the `Adjudicating Authority / Tribunal’ when it hears the matter on 22.12.23 or any other day in a completely, comprehensively, conclusively manner. It is open to the Appellant to raise all factual and legal issues before it, concerning the subject matter in issue, in respect of the subject matter of the main ‘Company Petition’ hovering around the case and to take a ‘complete and final call’, by adhering to primordial requirement of `Hearing’ the other side in a fair, just, dispassionate and unbiased manner, by passing a ‘reasoned’ / speaking order’ in a qualitative terms and quantitative terms as it deems fit and proper, based on the facts and circumstances of the case, which float on the surface. If any other Party is in his List before the `Adjudicating Authority / Tribunal’, it cannot be over-emphasised that the `Adjudicating Authority / Tribunal’, shall follow to the NCLT Rules, 2016 in a proper and rightful manner and thereto in a diligent manner.
The `Final Order’ can be passed only after providing an ‘opportunity’ to the `Appellant’ or any other person concerned, as regards the concept of hearing other side (Audi Alteram Partem)
It is to be borne in mind if any `Order’ being passed by the `Tribunal’ in glaring disregard to the NCLT Rules, 2016, which has become an categorical part and parcel of the main IB Code, 2016, etc., then the said ‘order’ is only an `futile’ and `otiose’ one, and the same can be displaced by the superior forum/fora.
With the aforesaid observations and directions, the instant main `Company Appeal’, without any expression or opinion or merits of the subject matter in issue, one way or the other, this Tribunal `disposes of’ the main `Company Appeal (AT) (CH) (Ins.) No. 454 / 2023 at the `Admission Stage’ itself, primarily, this `Tribunal’ on being satisfied that there is a negation of prima facie violation of `Principles of Natural Justice’ as pre-requisitely required as per Tribunal Rules & Companies Act, 2013. No Costs. All connected pending `Interlocutory Applications’ are Closed.