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TMI Blog2024 (5) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... for 13.02.2020 and 14.02.2020 comprising of Single Member (Judicial). The Member (Judicial) heard the application under Section 9 on 04.02.2020 and delivered the judgment on 17.08.2020. It is apparent that the Appellate Tribunal did not have the benefit of the above referred notification dated 12.02.2020 before it arrived at its decision. The order impugned clearly notes that, nothing has been brought to our notice during the course of hearing that the President of the Tribunal had issued any general or special order to give power to the single member (Judicial Member) to function as a bench . The civil appeal is allowed. - HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA And HON'BLE MR. JUSTICE ARAVIND KUMAR For the Appellant : M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rporate debtor. 4. The application under Section 9 was listed before Court No. IV, a Special Bench of a Member (Judicial), acting as the adjudicating authority from 10.02.2020 to 14.02.2020. The Bench heard the petition on 14.02.2020 and reserved it for orders. Orders were pronounced on 17.08.2020 admitting the Section 9 application, thereby commencing the insolvency resolution process. 5. Following the initiation of Corporate Insolvency Resolution Process (CIRP), the Resolution Professional (RP) and Committee of Creditors (CoC) were appointed, and even resolution plans were submitted. 6. It is at this stage that Respondent No. 1 filed the appeal before NCLAT against the order passed by the adjudicating authority dated 17.08.2020 on the gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents. 9. Section 419(3) of the Act along with its proviso is as follows: Section 419 : Benches of Tribunal.(1) There shall be constituted such number of Benches of the Tribunal, as may, by notification, be specified by the Central Government. (2) The Principal Bench of the Tribunal shall be at New Delhi which shall be presided over by the President of the Tribunal. (3) The powers of the Tribunal shall be exercisable by Benches consisting of two Members out of whom one shall be a Judicial Member and the other shall be a Technical Member: Provided that it shall be competent for the Members of the Tribunal authorised in this behalf to function as a Bench consisting of a single Judicial Member and exercise the powers of the Tribunal in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Member (Technical). Shri Hemant Kumar Sarangi, Member (Technical) is on leave The Special Bench shall comprise of: Special bench at NCLT, New Delhi-Court No. IV Dr. Deepti Mukesh, Member (Judicial) The constitution of Bench is as per section 419(3) of the Companies Act, 2013. This is in partial modification of Order of even number dated 25.7.2019 for 13.2.2020 14.2.2020 only. This issues with the approval of Hon ble President, NCLT. (Shiv Ram Bairwa) Registrar, NCLT 12. It is evident from the above that in exercise of power under proviso to Section 419(3) of the Act, the President has constituted a Special Bench at New Delhi for 13.02.2020 and 14.02.2020 comprising of Single Member (Judicial). The Member (Judicial) heard the application u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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