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2022 (4) TMI 310

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..... o assign a matter to a particular Bench or tag with any other matter. The power under Rule 16(d) has been exercised by the President. There are no merit in the submissions of the Counsel for the Appellant that the order is passed under Rule 146 and opportunity is required to be given before passing the order tagging the case with other two matters. Present is not a case where power has been exerci .....

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..... of 2017 from NCLT Bench-III to NCLT Bench-II to tag with CP. No.-(IB) 415 (ND) of 2017 and CP. No.(IB) 417 (ND) of 2017. CP. No.-(IB) 415 (ND) of 2017 and CP. No.(IB) 417 (ND) of 2017 were listed before the Bench-II. The liquidator filed an Application that CP. No.-(IB) 435(ND) of 2017 may also be tagged with CP. No.-(IB) 415 (ND) of 2017 and CP. No.(IB) 417 (ND) of 2017. The President passed the .....

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..... nt grounds for proceedings therewith. 5. The power which has been exercised by the President is under Rule 16 (d) of the NCLT Rules, 2016. Rule 16 of the NCLT Rules provides as follows:- Functions of the President.- In addition to the general powers provided in the Act and in these rules the President shall exercise the following powers, namely:- (a) preside over the consideration o .....

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..... exercised by the President. We do not find any merit in the submissions of the Counsel for the Appellant that the order is passed under Rule 146 and opportunity is required to be given before passing the order tagging the case with other two matters. Present is not a case where power has been exercised under Rule 146. The power has been exercised by the President under Rule 16(d). We, thus, are of .....

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