Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2021 (9) TMI 87

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... LAT are illegal. As rightly held by the learned Single Judge, Courts or Tribunals usually direct filing of the brief written submissions in order to facilitate the adjudication and crystallize the issues involved in the matter before them. The questions of law and facts are placed before the Courts in a concise manner, which certainly streamline the course of proceedings, and exchanging the copies of the written submissions enables each side to meet the case of the other side more effectively at the time of final hearing. Direction to exchange the written submissions between the parties - HELD THAT:- It is a matter of practice in all Courts and Tribunals as also a facet of principles of natural justice that when any party to a lis file .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... eriod of one week from the date of resumption of regular functioning of the Court. Application is disposed of. LPA 293/2021 1. Being aggrieved and feeling dissatisfied with the order of the Learned Single Judge in WP(C) 4338/2021 dated 09.04.2021, Appellant (Original Petitioner) has preferred the present Letters Patent Appeal. 2. Appellant in person submits that he had filed a writ petition before the learned Single Judge of this Court impugning orders dated 12.10.2020 and 17.12.2020 passed by learned NCLAT, whereby directions were issued to the parties before the NCLAT to file brief written submissions and copies of the judgments on which they wanted to rely on at the time of arguments as also a direction to provide copies .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... NCLAT, New Delhi. Vide order dated 12.10.2020, NCLAT directed the parties before it to file brief written submissions and copies of the judgments they wished to rely on. It is submitted by the Appellant during the course of hearing that the written submissions were filed by the Appellant on 02.11.2020. 5. Vide further order dated 17.12.2020, the Appellant was directed to supply brief written submissions to the Respondent. Copy of the written submissions was not supplied by the Appellant and on 05.01.2021, the Appellant stated before NCLAT that he would not be able to provide a copy and that he had made a representation to the Acting Chairperson and the Members of the Appellate Tribunal that there was no provision which compelled the Appe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e written submissions enables each side to meet the case of the other side more effectively at the time of final hearing. This Court fails to understand the prejudice caused to the Appellant by the impugned directions, more particularly, when the Respondent had also been directed to file the written submissions / judgments and the copy has been supplied to the Appellant, which is evident from reading of the orders passed by the NCLAT. We also notice that the NCLAT has only directed the parties to file written submissions not exceeding three pages but the Appellant has, on his own volition, chosen to file a voluminous paper book, for which only he can be blamed. 9. Insofar as a direction to exchange the written submissions between the par .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates