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TMI Blog2022 (6) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... atter where the order cannot be signed by reason of death, retirement or resignation or for any other reason by any one of the Members of the Bench who heard the case. Present is not the case where order cannot be signed by reason of death, retirement or resignation or for any other reason. Present is the case where the Technical Member was to be available after a couple of weeks to sign the order and with his consent the order was pronounced. There is no occasion for application of Rule 152(4). The Appeal is dismissed. - Company Appeal (AT) (Insolvency) No. 618 of 2022 - - - Dated:- 30-5-2022 - [Justice Ashok Bhushan] Chairperson, [Shreesha Merla] Member (Technical) And [Naresh Salecha] Member (Technical) For the Appellant : Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of the Bench consisting of President and Members was pronounced in open court on behalf of the Bench. 152. Authorising any member to pronounce order (1) If the Members of the Bench who heard the case are not readily available or have ceased to be Members of the Tribunal, the President may authorise any other Member to pronounce the order on his behalf after being satisfied that the order has been duly prepared and signed by all the Members who heard the case. (2) The order pronounced by the Member so authorised shall be deemed to be duly pronounced. (3) The Member so authorised for pronouncement of the order shall affix his signature in the order sheet of the case stating that he has pronounced the order as provided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber with consent of the other Member of the Bench under Rule 151 of the NCLT Rules. 6. Rule 152(4) on which reliance is placed is with regard to the matter where the order cannot be signed by reason of death, retirement or resignation or for any other reason by any one of the Members of the Bench who heard the case. Present is not the case where order cannot be signed by reason of death, retirement or resignation or for any other reason. Present is the case where the Technical Member was to be available after a couple of weeks to sign the order and with his consent the order was pronounced. There is no occasion for application of Rule 152(4). We further notice that there is clear debt and default which finding is not questioned before us ..... X X X X Extracts X X X X X X X X Extracts X X X X
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