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TMI Blog2023 (4) TMI 774X X X X Extracts X X X X X X X X Extracts X X X X ..... oul, and so to say a Jewel in a Crown. An Unreasoned Order, will have an appearance of injustice, being meted out to the Affected Party, because of the fact that the concerned Party, is prejudicially and substantially affected. However, even an unreasoned order, may be valid, from the view point of the person, who got a favourable order - It is an axiomatic principle in Law, that the Tribunal / an Appellate Tribunal, are guided by the Principles of Nature Justice, notwithstanding the fact that it can regulate its own procedure, as it deems fit and proper. However, the Tribunal (Adjudicating Authority), under Section 5 (1) (a) of the I B Code, 2016 - 408 of the Companies Act, 2013 and an Appellate Tribunal (NCLAT), as per Section 410 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Heard both sides. 2. The Appellant has preferred the instant Comp. App (AT) (CH) (INS.) No. 54 / 2023 in IA(IBC)/601(CHE)/2022 in CP/1264/IB/2018, on being dissatisfied with 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. 3. Earlier, the Adjudicating Authority / Tribunal , while passing the Impugned Order , dated 25.08.2022, in IA(IBC)/601(CHE)/2022 in CP/1264/IB/2018, as follows: This Tribunal vide its Order dated 20.06.2022 had directed the Applicant to file the amended Application in IA/596/CHE/2022 and IA/601/2022 within seven days and the matter was posted to 21.07.2022 for further hearing. When th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ir submissions. 8. On a careful perusal of the Impugned Order dated 25.08.2022 in IA(IBC)/601(CHE)/2022 in CP/1264/IB/2018, 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. 9. Suffice it, for this Tribunal , to make a pertinent mention that the Impugned Order , is conspicuously silent, on this aspect. 10. In this regard, it is not out of place, for this Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Crown . An Unreasoned Order , will have an appearance of injustice , being meted out to the Affected Party , because of the fact that the concerned Party , is prejudicially and substantially affected. However, even an unreasoned order , may be valid , from the view point of the person, who got a favourable order . 12. It is an axiomatic principle in Law , that the Tribunal / an Appellate Tribunal , are guided by the Principles of Nature Justice , notwithstanding the fact that it can regulate its own procedure, as it deems fit and proper. However, the Tribunal (Adjudicating Authority), under Section 5 (1) (a) of the I B Code, 2016 - 408 of the Companies Act, 2013 and an Appellate Tribunal ( NCLAT ), as per Section 410 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Adjudicating Authority / Tribunal , shall provide an opportunity , by adhering to the Principles of Natural Justice , and the Parties , are to avail the same. The said Final Order , shall be passed within three weeks, from the date of passing of this Order , from today, by this Tribunal , in this Appeal , and the said order , shall be passed, ofcourse, uninfluenced and untrammelled with any of the observations, made by this Tribunal , in a Fair , Just , Dispassionate manner and in the manner known to Law and in accordance with Law . Before parting with the case, this Tribunal , makes it lucidly quite clear, that it is open to the Learned Counsels, appearing for the Parties , to raise all factual and legal pleas , i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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