9911796707
TMI Blog2023 (4) TMI 719X X X X Extracts X X X X X X X X Extracts X X X X ..... on the file of the Adjudicating Authority, National Company Law Tribunal, Special Bench, Court I, Chennai, this Tribunal, is of the considered view that, though the Learned Counsels appearing for the Parties, were present, nothing is made mention of or recorded in the Impugned Order, as to whether the Learned Counsels, had prayed for an opportunity, to explain the necessary facts having provided to them - Suffice it, for this Tribunal, to make a pertinent mention that the Impugned Order, is conspicuously silent, on this aspect. This Tribunal, to aptly points out the Judgment of the Hon ble Supreme Court of India in Central Bank of India v. Vrajlal Kapurchand Gandhi Anr. [ 2003 (7) TMI 708 - SUPREME COURT ], wherein, it is observed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 53 / 2023, in furtherance of Substantial Cause of Justice. The matter is remitted back to the Adjudicating Authority, who shall restore the IA/596(CHE)/2022 in CP/1264/IB/2018 to its file and after restoration of the said Application, and taking it on file, is to pass an reasoned / speaking order, De novo, both on, qualitative and quantitative term(s), by adverting to the Arguments / Factual and Legal pleas, raised on behalf of the Parties - appeal disposed off. - Comp App (AT) (CH) (Ins.) No. 53 / 2023 - - - Dated:- 5-4-2023 - [Justice M. Venugopal] Member (Judicial) And [Shreesha Merla] Member (Technical) For the Appellant : Mr. P.H. Arvindh Pandian, Senior Advocate For Ms. Jayanthi K Shah For the Respondent No. 2 / : M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lf of the Appellant that the Adjudicating Authority , ought to have summoned the Resolution Professional , for not paying the Corporate Insolvency Resolution Process costs , for a period of nearly six months to the Appellant , during the CIRP period and later, the Company, had undergone Liquidation . 6. Per contra, it is the submission of the Learned Counsel appearing for the 2nd Respondent that the 2nd Respondent / Resolution Professional , need not be dragged into the Proceedings , before the Adjudicating Authority , because of the latent and patent fact that all the documents were handed over to the Liquidator , and the inclusion / arraying / adding of the Resolution Professional, will be only an exercise in Futility ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udges who have made the record. That is the only way to have the record corrected. If no such step is taken, the matter must necessarily end there. It is not open to a party to contend before this Court to the contrary. This Court cannot launch into an enquiry as to what transpired in the High Court. It is simply not done. Public policy and judicial decorum do not permit it. Matters of judicial record in that sense are unquestionable However, the Court can pass appropriate orders if a party moves it contending that the order has not correctly reflected happenings in Court. 11. To be noted, that a Reasoned Order , will have an appearance of justice . In any Order , Reasons , one way or the other, ascribed by the Tribunal / Adjudic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ws , the Comp. App (AT) (CH) (INS.) No. 53 / 2023 , in furtherance of Substantial Cause of Justice . No costs. 14. In fine, the Impugned Order , dated 25.08.2022 in CP/1264/IB/2018, passed by the Adjudicating Authority , National Company Law Tribunal, Special Bench, Court I, Chennai, is set aside , by this Tribunal , of course for the reasons assigned in this Appeal . 15. The matter is remitted back to the Adjudicating Authority , who shall restore the IA/596(CHE)/2022 in CP/1264/IB/2018 to its file and after restoration of the said Application , and taking it on file, is to pass an reasoned / speaking order , De novo , both on, qualitative and quantitative term(s) , by adverting to the Arguments / Factual and Legal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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