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TMI Blog2024 (3) TMI 927X X X X Extracts X X X X X X X X Extracts X X X X ..... ty/Tribunal , in regard to impleadment shall not be anyway to be construed that the concerned party had an effective and adequate opportunity to putforth its views/grievances, in terms of the principles of natural justice . This Tribunal , is of the considered view that even though the Adjudicating Authority/Tribunal had observed among other things Liquidator is permitted to start e-auction process afresh allowing the Applicant/Successful Bidder and other persons to participate in the process. It was also submitted that the mistake was bona fide and he is willing to allow the Successful Bidder , to participate with the amount already furnished/deposited and ultimately, proceeded to pass an order, that there will be a fresh auction and the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... known from records that on 30.01.2024 in IA (IBC) No.346 of 2024 in CP(IB) No.61/CHE/2021, the Adjudicating Authority/National Company Law Tribunal, Special Bench Court-I, Chennai, had directed the Petitioner/1st Respondent' in IA (IBC) No.346 of 2024 in CP(IB) No.61/CHE/2021, to implead the Successful Auction Purchaser/Appellant as one of the Respondents to the main IA (IBC) No.346 of 2024 in CP(IB) No.61/CHE/2021. Admittedly, the Appellant/Successful Auction Purchaser (Proposed Impleading Party) was not arrayed as one of the parties and in this regard, no Application/Petition for impleadment was filed on behalf of the 1st Respondent/Petitioner in IA (IBC) No.346 of 2024 in CP(IB) No.61/CHE/2021, before the Adjudicating Authority/Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal is of the considered view that the said omission is a vital one and goes to the root of the matter and affects the impugned order dated 30.01.2024 in IA (IBC) No.346 of 2024 in CP(IB) No.61/CHE/2021 on the file of the Adjudicating Authority/National Company Law Tribunal, Division Bench Court-I, Chennai. Because of not being arrayed as one of the parties (as one of the Respondents) on account of the fact that the 1st Respondent/Petitioner in IA (IBC) No.346 of 2024 in CP(IB) No.61/CHE/2021, had not filed necessary IA to implead the Appellant , consequently it infers, it had no opportunity to file any Reply to IA (IBC) No.346 of 2024 in CP(IB) No.61/CHE/2021and that the Appellant was seriously prejudiced because of not putting forth t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s otherwise in order) is to pass a reasoned order on merits in qualitative and quantitative terms after affording opportunity of hearing to respective parties. No wonder, the said fresh order is to be passed in a fair, just, reasoned and in a dispassionate manner of course, uninfluenced and untrammelled with any of the observations made by this Tribunal in this Appeal . Before parting with the case, this Tribunal , makes it quite clear that it is not traversed or dealt with the merits of the matter except to go into the aspect of non-impleadment of the Appellant/Successful Bidder as one of the parties by not filing the interlocutory Application despite the said application having directed to be filed by the Adjudicating Authority by issuing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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