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TMI Blog2017 (11) TMI 1993X X X X Extracts X X X X X X X X Extracts X X X X ..... to be followed in a petition filed under Section 241 of the Companies Act, 2013 and other petitions. The Principle of Natural Justice is also require that the parties should be informed of the order pronounced by the Court/Tribunal. The Tribunal is required to pronounce its order or deliver its judgment on hearing the parties in the open Court - The case is remitted to the Hon'ble President, National Company Law Tribunal, Principal Bench, New Delhi, who in his turn will direct the Registry to provide free certified copies of the difference of opinion/order passed by two Hon'ble Members comprising Hon'ble Member (Judicial) and Hon'ble Member(Technical), both dated 30th September 2016, and the terms of reference framed by one of the Hon'ble Member dated 30th September, 2016. The Hon'ble President thereafter will refer the matter to a Third Hon'ble Member, other than the Third Hon'ble Member(Judicial), to whom it was earlier referred, who after notice to the parties will fix a date of hearing and on hearing the parties, will pass appropriate order in accordance with law. Appeal allowed. - Company Appeal (AT) No. 271 of 2017 And Company Appeal (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n is liable to be partly allowed or dismissed in toto except liberty to petitioners in CP No. 164 of 2013/RT No. 47 of 2016 to avail of the remedy, if so advised, by filing a civil suit to claim right in shares of HUF. 5. The points on difference of opinion for consideration by a third Member was also not delivered in the open Court. In the administrative side, both the Hon'ble Members recording their dissent and referring to the points of difference, forwarded the matter in the administrative side to the Hon'ble President of the National Company Law Tribunal, Principal Bench. The Hon'ble President also did not list the matter nor pronounce any order(s) and from its administrative side ordered to place the matter before a Third Hon'ble Member(Judicial). 6. The Third Hon'ble Member(Judicial) heard the parties and passed a detailed order on 2nd June, 2017 but curiously, the said order was also not pronounced in the open Court, nor a copy of the same were made available to the parties. In the Administrative side, Third Hon'ble Member (Judicial) forwarded the file to the Tribunal, Chandigarh Bench, Chandigarh wherein another Hon'ble Member(Judicial) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ints on which they differ, and the case shall be referred by the President for hearing on such point or points by one or more of the other Members of the Tribunal and such point or points shall be decided according to the opinion of the majority of Members who have heard the case, including those who first heard it. Though provision has been made to refer the matter to the Hon'ble President and to send the matter to the Third Hon'ble Member, Section 419 is silent on the question as to whether the decision on difference of opinion is to be pronounced in the open Court or not and whether the copy of the same is to be forwarded to the parties. From a plain reading of sub Section (5) of Section 419, however, makes it clear that in case of difference of opinion where the matter to be referred to the Hon'ble President for hearing on the point or points of one or more of the Hon'ble Members of the Tribunal, such point or points required to be decided according to the opinion of the majority of the Members, who have heard the case, including those who first heard the matter. 11. The Tribunal is required to pass order after giving parties in a proceeding before it, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21, the Tribunal is required to send the copy of every order passed under Section 420, which is also required to be followed in a petition filed under Section 241 of the Companies Act, 2013 and other petitions. The Principle of Natural Justice is also require that the parties should be informed of the order pronounced by the Court/Tribunal. Such information can be given either by following prescribed procedure or by informing the parties that the matter will be listed for judgment in the open Court on a particular date. It is only after such pronouncement, the Hon'ble Member(s) are supposed to frame the terms of difference of opinion which is also required to be informed to the parties not only for the purpose of getting good assistance, but also in terms of sub Section (3) of Section 420 of the Companies Act, 2013, and in accordance with the Rules of Natural Justice. 16. For the reasons aforesaid, we hold as follows: i) The Tribunal is required to pronounce its order or deliver its judgment on hearing the parties in the open Court; ii) If a judgment is reserved, Tribunal is required to pronounce it in the open Court. If two or more Hon'ble Members have heard the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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