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IBC - Highlights / Catch Notes

Home Highlights February 2024 Year 2024 This

Right of counsel to communicate with the Court except by filing ...


Recusal Order Cannot Be Challenged Under Appellate Jurisdiction; NCLAT Upholds Restricted Counsel Communication.

February 14, 2024

Case Laws     Insolvency and Bankruptcy     AT

Right of counsel to communicate with the Court except by filing appropriate application(s) and affidavit(s) in the proceeding pending before the Court - Influencing the decision-making process. - The NCLAT held that, the Order impugned is an order by which both the Members recused themselves from the matters. The Order dated 09.01.2024 recusing by both the members is subject matter of the Appeal - the decision taken by both the members to recuse themselves from the matter cannot be interfered with in exercise of our appellate jurisdiction. - The President of the NCLT is master of roster. All administrative powers are vested with the President.

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