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TMI Blog2020 (8) TMI 398X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 27.07.2020, which is at page 28. The said assertion on oath cannot be believed to be true unless it is found in the order itself. Any assertion on oath made in any petition cannot dislodge what is recorded in the order of the Court or Tribunal. Even if it has happened, there is no contemporaneous record to suggest the same. The issue that the hearing before the adjudicating authority whether it should be by virtual mode or physical mode or partly virtual mode or partly physical mode requires to be determined by the authority subject to the instructions issued by the appellate authority or instructions issued by the competent Government in view of a situation like this pandemic for a particular course of action. However, under Art ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leased to issue writ in the nature of mandamus or any other writ /order/direction to National Company Law Tribunal at Ahmedabad, to conduct the proceedings in all applications in CP(IB) no.14 of 2018 by physical hearing as and when the same is permitted by the National Company Law Tribunal, Delhi Principal Bench, State of Gujarat and other authorities in light of COVID-19 pandemic. (C) Be pleased to issue writ in the nature of mandamus or any other writ /order /direction to quash and set aside the order dated 21.07.2020 passed by the National Company Law Appellate Tribunal at New Delhi in CA (AT) (I) No.576 of 2020. (D) Be pleased to issue writ in the nature of mandamus or any other writ /order /direction to quash and set aside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitted that the hearing before the adjudicating authority partly by physical presence of certain advocates or partly through Video Conference is not feasible and should not be allowed to be continued as it may affect the rights of the parties. Therefore it should not permitted. [3.2] Drawing attention of the Court at page 124, Office Memorandum issued by the Registrar, NCLT Delhi, he has submitted that all the Hon'ble Members of the NCLT were directed to attend the office with immediate effect and carry out the work, including hearing through Video Conference etc. from the office. [3.3] Drawing attention of the Court to page 127, which is the order passed by the National Company Law Appellate Tribunal, New Delhi in Company Appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i, learned Senior Advocate, it appears that the readiness shown before this Court orally about hearing through virtual platform, it runs counter to his prayer made in this petition at paragraph 35(B), with a view to delay the proceedings, which is ordered by the NCLAT to be heard expeditiously. The sequence of events, which took place on 27.07.2020, the date of hearing, stated on oath by the petitioner, is not recorded in the order by the adjudicating authority dated 27.07.2020, which is at page 28. The said assertion on oath cannot be believed to be true unless it is found in the order itself. Any assertion on oath made in any petition cannot dislodge what is recorded in the order of the Court or Tribunal. Even if it has happened, there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ology etc. In a writ jurisdiction, High Court cannot decide how and in what manner the authority should conduct the matter in such a situation. At the same time, from the order under challenge it is not spelt out that the adjudicating authority is conducting the hearing partly physically and partly by virtual mode. [4.3] Since no one has any fundamental right or legal right to ask the authority for a particular medium /platform through which hearing is to take place as also no such course as asserted in the petition is reflected from the order impugned before this Court, the arguments advanced by the learned advocate for the petitioner cannot be accepted even if the powers of superinitendence is recognized over the tribunal. Since differ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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