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TMI Blog2021 (10) TMI 646X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Anil Singh, Addl. Solicitor General of India with Mr. Aditya Thakkar and Mr. Ashish Mehta i/b Ethos Legal Alliance for Respondent No.1 UOI in both petitions. Mr. Venkatesh Dhond with Ms. Meghna Rajadhyaksha, Ms. Radhika Indapurkar and Mr. Bryan Pillai i/b Shardul Amarchand Mangaldas & Co. for Respondent No.3 in both petitions. P.C:- This order will dispose of both the Writ Petitions i.e. Writ Petition (L) Nos.20882 of 2021 and 21058 of 2021. 2. We have heard Mr. Khambata, learned Senior Counsel for the Petitioners in WPL No.20882 of 2021 and Mr. Andhyarujina, learned Senior Counsel for the Petitioner in WPL No.21058 of 2021. We have also heard Mr. Anil Singh, learned Addl. Solicitor General of India for Union of India as well as Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corporate insolvency resolution process. 7. It appears that a number of Petitions were filed by Union of India, Ministry of Corporate Affairs before the Tribunal and in one of the Petitions being C.P.No.294/MB/2021 the four Petitioners herein were arrayed as Respondents amongst others. Reliefs claimed by Union of India in the said Petitions are as under : "I. That the Petitioner be permitted to serve the Respondents through Joint Director working in office of post, publication in the newspapers, email, Whatsapp messaging, wherever required, in order to ensure due service of notice to all Respondents present in India and overseas; II. That the Respondent Nos.2 to 6 be immediately directed to disclose on affidavit their moveable and imm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w of the extraordinary nature of the circumstances pertaining to the present petition; and IX. The Hon'ble Tribunal may grant any other order(s); reliefs as deemed fit in the interest of justice and fairness." 8. By the order dated 31/08/2021 passed under sections 241 and 242 of the Companies Act, 2013 the Tribunal directed as under : "I. That the Petitioner is permitted to serve the Respondents through Joint Director working in office of post, publication in the newspapers, email, Whatsapp messaging, wherever required, in order to ensure due service of notice to all Respondents present in India and overseas; II. That the Respondents (except companies) are immediately directed to disclose on affidavit their moveable and immovable pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons have been filed seeking the reliefs as indicated above. 10. Having regard to the limited issue raised in the two Writ Petitions, it may not be necessary for us to delve into detail the submissions made by learned Counsel for the rival parties. Suffice it to say that while learned Counsel for the Petitioners submitted that the impugned order was passed without providing due opportunity of hearing to the Petitioners and thus violative of the principles of natural justice, learned Addl. Solicitor General of India pointed out that Petitioners have got efficacious alternative remedy by way of appeal and therefore Petitioners should be relegated to the appellate forum. Another contention raised was that the matters were heard by a bench of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... either by email or by delivering physical copies or by post. Tribunal recorded that some of the Respondents had received copies and some had not received entire paper book. Therefore they had stated that they were not in a position to defend the matter in any manner. Though on this count adjournment was not sought for, the same was denied. 15. Thus there is no finding recorded by the Tribunal as to which of the Respondents were served and as to which of the Respondents did not receive entire paperbook. 16. Tribunal is the adjudicating authority and it discharges judicial functions. Proceedings before a Tribunal while discharging judicial functions must be conducted in just, fair and judicious manner. Notice is the first point of fair hea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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