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TMI Blog2017 (8) TMI 1523X X X X Extracts X X X X X X X X Extracts X X X X ..... basis of the pleadings before the adjudicating authority. NCLT ought to have granted the petitioner one opportunity to file written objection. Such opportunity was not extended to the petitioner before me. There is an apparent breach of the principles of natural justice in the conduct of the proceeding by the NCLT. There can be an occasion when the NCLT may be required to admit the petition and pass an ex-parte ad-interim order. It can do so for the reasons recorded in writing. NCLT may deny a respondent the opportunity to file a written objection. Again the NCLT has given reasons for the same. Denial of such opportunity should be limited to rare cases. The order passed by the NCLT is appealable. The existence of statutory alternativ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Anr. V. Union of India Anr.) reported in 2017 SCC OnLine Cal 2749 and submits that, the petitioner was not afforded any opportunity to file a written objection or a written document disputing or dealing with the claim put forward by the petitioner in the proceedings before the National Company Law Tribunal (NCLT). He submits that, there is grave miscarriage of justice by NCLT. Principle of natural justice stands violated. Learned advocate for the respondent no.3 submits that, the petitioner was given an opportunity of hearing. The petitioner was present through its Advocate before the NCLT. The petitioner has not produce any material before the writ Court to suggest that, the petitioner has any defence in the proceeding under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t or that there is breach of principles of natural justice or that the authority has acted without jurisdiction. In the present case, it appears that the NCLT has acted in breach of the principles of natural justice. The impugned order does not contain any reason as to why the petitioner was not allowed an opportunity to file its written objection. In such circumstances, it would be appropriate to set aside the impugned order dated July 31, 2017. Learned senior advocate for the petitioner submits that, his client will file the written objection to the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 within seven days from date. In such circumstances, the petitioner is allowed to do so. The petitioner will file t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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