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TMI Blog2022 (6) TMI 1222X X X X Extracts X X X X X X X X Extracts X X X X ..... in the said Order and especially the said order is a cryptic and unreasoned one, which necessitates an inevitable conclusion to be arrived at, by this Tribunal, that the same is not valid in law. This Tribunal is inclined to interfere to the said Impugned order for substantial cause of justice. The Impugned Order dated 24.05.2022 in IA/320/CHE/2021 in CP/1156/IB/2018 passed by the Adjudicating Authority (National Company Law Tribunal, Division Bench-1, Chennai) in CP/1156/IB/2018 is hereby set aside - the matter is remitted back to the Adjudicating Authority (National Company Law Tribunal, Division Bench-1, Chennai) and the Adjudicating Authority (National Company Law Tribunal, Division Bench-1, Chennai) is directed to take up IA/320/C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er original title documents of the two flats situated at Siruseri and factory land documents to the Liquidator. The Petitioner is directed to hand over the same on or before 10.06.2022 to the Liquidator, failing which coercive actions shall follow . Added further, in the Impugned Order it was mentioned that in turn, the Learned Liquidator shall give acknowledgment for receipt of all the original documents and directed that all the Applications were to be Listed on 28.06.2022 for further Hearing . It is seen from the Impugned Order dated 24.05.2022 in IA/320/CHE/2021, this Tribunal is of the considered view that instead of mentioning it as IA/383/CHE/2021, it was wrongly mentioned at Paragraph No.5 of the Impugned Order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... just and fair one from the point of view of the Authority , who passes the same. However, from the perspective of the aggrieved / affected, the same will definitely give room for a cause of concern and it will culminate in prejudice and hardship being caused to that person. Therefore, the aspect of principles of Natural Justice are to be adhered to by the Adjudicating Authority (National Company Law Tribunal, Division Bench-1, Chennai), resorting to Rule 34 of the NCLT Rules, 2016. No wonder, the aspect of providing reasonable opportunity for Hearing is one of the tenets of the principles of Natural Justice and in this aspect no person can be condemned without providing him an adequate opportunity in respect of Hearing a m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Appeal . Before parting, it is made quite clear by this Tribunal that the Adjudicating Authority (National Company Law Tribunal, Division Bench-1, Chennai) has not traversed into the merits of the matter nor expressed any opinion about the same, and further, that the Adjudicating Authority (National Company Law Tribunal, Division Bench-1, Chennai) shall grant an opportunity to both parties to raise all factual and legal pleas , in turn, shall take into account of the same, deal with it and to pass Final Orders in a just and fair manner in IA/320/CHE/2021 in CP/1156/IB/2018, in any event, within four weeks , from the date of receipt of a copy of this Order . It is open to the Adjudicating Authority (National Com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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