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IBC - Highlights / Catch Notes

Home Highlights April 2024 Year 2024 This

Bench Reconstitution and Order Pronouncement - Whether an order ...

Case Laws     Insolvency and Bankruptcy

April 22, 2024

Bench Reconstitution and Order Pronouncement - Whether an order reserved by a bench could be pronounced by a reconstituted bench without considering a subsequent application that called for a re-hearing based on new developments. - According to Tribunal directives, a judgment reserved should ideally be pronounced by the same bench unless re-hearing is warranted by substantial subsequent developments. Ultimately, the Appellate Tribunal set aside the order pronounced by the reconstituted bench and remanded the case back to the regular bench for a fresh hearing. It emphasized that the judicial process must consider all relevant developments to ensure fair adjudication.

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