Ex parte order in nclt. The NCLT further held that though it had no .

Ex parte order in nclt Adjudicating Authority cannot in exercise of power under Rule 49(2) of the NCLT Rules, 2016 set aside the ex-parte admission order. Prabhjit Singh Soni and Anr. 12. (2) If the respondent does not appear on the date specified in the notice in Form No. Brief about the decision. Pradyumansinghji Arjunsinghji 27, in this respect. – NCLT New Delhi Bench Court-V Read Post » complied with. Ltd. 2023 and from 08. 2022, giving liberty to the Appellant to file an application under Rule 49(2) of the NCLT, Rules, 2016 for recall of the ex-parte order. – The final decision of the Appellate Tribunal on an appeal or proceedings before the Appellate Tribunal shall be delivered by way of Judgment. Thus, even without explicit provisions, the NCLT has the authority to recall its order. It seeks the procedure to file the appeal and the time limit for filing the appeal under the following circumstances: (i) The Tribunal has passed the order without giving a reasonable opportunity of being heard and the impugned order is passed ex-parte. The NCLT further held that though it had no Jul 21, 2016 · Such notice in Form No. 88. ” Background Facts Apr 20, 2023 · In this case, Appellant submits that the impugned order being ex-parte to the Appellant, Appellant could have filed the appeal only after coming to know about the order, which he came to know on 08. Aug 3, 2023 · There was no express provision in the Industrial Disputes Act, 1947 or the Rules framed thereunder that provided for setting aside an ex-parte order. In this background NCLT has passed ex parte order on 14th March, 2017. This application has been filed by the corporate debtor under Rule 49(2) of the NCLT Rules, 2016 for setting aside the ex-parte order dated 07. 11. If petitioner appears but respondent does not, NCLT can pass order ex parte on merit. The Ld. 32 841. 5, the Tribunal, after according reasonable opportunity to the respondent, shall forthwith proceed ex-parte to dispose of the application. Order. ” 8. Apr 4, 2022 · Ex-parte hearing and disposal of petition or application (Rule 49) If the respondent fails to appear on the date of the hearing, the Tribunal can take any of the following actions: 1. However, the Court held that even though there was an absence of an express provision to set aside the award, the Tribunal has jurisdiction to pass the order, which is an ancillary and incidental Jul 21, 2016 · Where the respondent, despite effective service of summons or notice on him does not appear before the date fixed for hearing, the Tribunal may proceed to hear the appeal or application or petition ex-parte and pass final order on merits: Cd is set ex-parte. Mar 19, 2024 · Rule 11 of NCLT Rules, 2016 preserves the inherent power of the NCLT to make orders for meeting the ends of justice or for preventing the abuse of the process of NCLT. 89. NCLT-5, the Tribunal, after according reasonable opportunity to the respondent, shall forthwith proceed ex-parte to dispose of the application. 90 Nov 2, 2021 · NCLAT set aside the order and held that the Adjudicating Authority had the power to set aside an ex-parte Order provided, it is satisfied that there was sufficient cause with respect to service of Notice, as provided in Rule 49(2) of the NCLT Rules, 2016, it is noted that the Appellant herein is silent about the service of Notice which was Setting aside orders passed ex parte etc. In this case, the NCLT issued such an order restraining certain actions by the respondents without adequately notifying or hearing the appellants, leading Adherence to the principles of natural justice by NCLT or NCLAT would not mean that in every situation, NCLT or NCLAT is required to afford a reasonable opportunity of hearing to the respondent before passing its order. 1338 of 2022 (filed under Section 60 (5 ex-parte order dated 27. The respondent herein i. Therefore, in such situation NCLT, it may proceed to pass an ex-parte ad interim order, however, after recording the reasons for grant of such an order and why it has chosen not to adhere Mar 14, 2022 · The Adjudicating Authority(NCLT) was fully competent to recall ex-parte order in exercise of its jurisdiction under Rule 49(2) of NCLT Rules, 2016 – Hacxad Infotech Pvt. Jul 27, 2023 · II. Considering the urgency of the matter NCLT has passed ex parte interim order on 14th March, 2017. -(1) The applicant, against whom an order is made under sub-rule(2) of Rule 105 or the opposite party against whom an order is passed ex parte under sub-rule (3) of that rule or under sub-rule (1) of Rule 23, may apply to the Court to set aside the order, and if he satisfies the Court that there was Sep 2, 2023 · Appeal decided ex parte - non-appearance on behalf of the assessee - though the assessee has not explained any plausible reason for non-appearance before the Tribunal, Ex-parte order - The order, ex parte in nature, passed in violation of the principles of natural justice, entails civil consequences; (c) It is also found that the Dec 3, 2019 · The ex parte order of injunction granted by learned Sub-Judge, Ist Class, says counsel, improper and such ex parte order made without circumspection exposes admiClass, failed to have due regard to the need to protect the interests of the opposite party and, to say the least, an improper order was passed. Jun 13, 2022 · If petitioner appears but respondent does not, NCLT can pass ex parte order on merit. 28 with fees. Apr 30, 2024 · The bank subsequently submitted that since the ex parte order dated 9-12-1976, passed by the CGIT was based on the statement of its manager, the order setting aside the ex parte award in fact, amounted to a review. 1339 of 2022, filed under Rule 49 (2) r/w Rule 11 of the NCLT Rules, 2016, seeking to set aside the `ex-parte order’, dated 04. 10. 2015. While dismissing the I. Order 9, rule 6(1)(a) states that: Sep 9, 2024 · By filing a caveat, the party ensures that they will be notified and given an opportunity to present their case before any order is passed. – NCLAT New Delhi Sep 27, 2021 · Brief about the decision: Facts of the case. 2006 No steps were taken by the Jul 10, 2023 · In this case, Appellant submits that the impugned order being ex-parte to the Appellant, Appellant could have filed the appeal only after coming to know about the order, which he came to know on 08. 03. However, the Court held that even though there was an absence of an express provision to set aside the award, the Tribunal has jurisdiction to pass the order, which is an ancillary and incidental Jul 2, 2017 · The NCLAT also made an important observation with regard to ex-parte orders – NCLT may pass ex-parte orders if the situation arises after recording reasons for the same, and it shall afford the Under Order 9, Rule 6(1)(a) the court may proceed ex-parte and pass an ex-parte decree when it deems fit that the defendant has absent himself from the court on the date of hearing stated in the summons served to him in accordance with the provisions of the Code. The petitioner though appeared in the Court but thereafter failed to appear and ex parte order was passed against it on 30. 2022 application under section 7 was admitted against which an appeal was filed by the appellant in this ‘Tribunal’, in which appeal order was passed on 04. in 215 NCLAT. before passing its order. SHARMA, J (ORAL)This revision petition is directed against the order dated 10. Ex-parte Hearing and disposal. Jan 10, 2023 · According to the `Appellant’, the `Corporate Debtor’, projected `Two Interlocutory Applications’, (a) IA No. However, the Court held that even though there was an absence of an express provision to set aside the award, the Tribunal has jurisdiction to pass the order, which is an ancillary and incidental Jul 21, 2016 · Where the respondent, despite effective service of summons or notice on him does not appear before the date fixed for hearing, the Tribunal may proceed to hear the appeal or application or petition ex-parte and pass final order on merits: Mar 19, 2024 · Rule 11 of NCLT Rules, 2016 preserves the inherent power of the NCLT to make orders for meeting the ends of justice or for preventing the abuse of the process of NCLT. The appellant applied for a free copy on March May 7, 2019 · Statutory Appeal Can Be Filed Even If Application To Set Aside Ex-Parte Decree [ Order IX Rule 13 CPC] Is Dismissed: SC [Read Judgment] Ashok Kini . Mar 11, 2023 · Such notice in Form No. Facts of the case. Call on for hearing on 31. The Adjudicating Authority was well within its jurisdiction to recall the order on the ground that both orders were passed ex-parte. Hear and decide the petition or application ex-parte. 2020, the Learned Adjudicating Authority has observed as follows; “11. 5 shall be accompanied by a copy of the application with supporting documents. the learned %PDF-1. In the interest of justice we do not want to stay the proceeding of EOGM but we Sep 29, 2020 · The National Law Appellate Tribunal (NCLAT) has held that an ex parte order passed against the corporate debtor through publication in the newspaper, if the address of the Corporate Debtor is found insufficient and the other modes of communication are not exhausted like email, then the same cannot be justified and the order can be set aside on such findings. M/s. 5 shall be accompanied by a copy of the application with supporting documents. NCLT-5 shall be accompanied by a copy of the application with supporting documents. 2009, vide which the application moved by the petitioner, for setting aside ex parte. In addition to the ‘Balance Sheet’ as on 31. -NCLAT, New Delhi CASE TITLE Suspended Management of Jay Polypack Pvt. For example, an ex-parte injunction may prevent a company from carrying out essential business Oct 17, 2023 · This application has been filed by the corporate debtor under Rule 49(2) of the NCLT Rules, 2016 for setting aside the ex-parte order dated 07. A. In a given case, a situation may arise which may require NCLT to pass an ex-parte ad interim order against a respondent. Question of law that arises for consideration in these appeals is : if the Debts Recovery Tribunal constituted under Section 3(1) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short, the 'Act') has jurisdiction to grant ad interim ex parte order of injunction or stay against the defendant on an application filed by the bank or financial institution for Aug 30, 2023 · APPLICATION UNDER ORDER 9 RULE 13 CPC FOR SETTING ASIDE EX-PARTE DECREE orders of bench of NCLT. 2019 as stated above apart from stay of Insolvency Proceeding against the Corporate Debtor etc. 5 %µµµµ 1 0 obj >>> endobj 2 0 obj > endobj 3 0 obj >/ExtGState >/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 22 0 R] /MediaBox[ 0 0 595. 05. Adjourn the hearing; or. The present is a case where Corporate Debtor was asking for recall of the order dated 8th February, 2019 and 10th April, 2019. An ex parte ad-interim order refers to a temporary order issued by a tribunal or court without the presence or input of one of the parties involved in the dispute. 12. Rule 37(2) provides if the respondent does not appear on the date of hearing the Tribunal after according reasonable opportunity to the respondent, shall forthwith proceed ex-part to dispose of the application. However, the Court held that even though there was an absence of an express provision to set aside the award, the Tribunal has jurisdiction to pass the order, which is an ancillary and incidental Jul 21, 2016 · Where the respondent, despite effective service of summons or notice on him does not appear before the date fixed for hearing, the Tribunal may proceed to hear the appeal or application or petition ex-parte and pass final order on merits:. Application for execution of order shall be in form NCLT. 2020 admitted the application under Section 9 of the IBC filed by the Operational Creditor Respondent No. Redpro Construction Pvt. Apr 22, 2021 · After hearing both sides, the court observed that the Adjudicating Authority had the power to set aside an ex-parte order provided, it was satisfied that there was sufficient cause for service of Notice, as provided in Rule 49(2) of NCLT Rules 2016. The corrected copy of the order was uploaded only on March 20, 2020. 9 within two years – rule 154 of NCLT Rules, 2016. It was argued that if interim order is not passed appellant has to suffer irreparable loss as he will be removed from the directorship illegally and the petition become infructuous. Rule-37(2): If the respondent does not appear on the date specified in the notice in Form No. 6. Order 9 Rule 13, says that setting aside ex-parte decree against defendant, he may apply to the Interim Order cum SCN in the matter of front running activities by Ashish Kirti Kothari and Others; Jan 24, 2025: Exemption Order under Regulation 11 of SEBI (SAST) Regulations, 2011 in the matter of Amara Raja Energy & Mobility Limited; Jan 24, 2025: Interim Ex Parte Order cum SCN in the matter of Suumaya Industries Ltd; Jan 17, 2025 12:26:25 IST Reason: CA 418/2021 2 3 The appropriate course of action for the respondents, faced with an ex-parte order of the NCLT would have been to apply to the NCLT for vacating or modifying the ad-interim order. Witnesses can be examined on oath. 9 within two years-rule 154 of NCLT Rules, 2016. We have heard both the sides and perused the records. Application for rectification of order can be made in form NCLT. Order of NCLT should be filed with ROC in form INC. 7 May 2019 5:58 PM IST. Dec 29, 2021 · The Tribunal, on being satisfied may make an order setting aside the ex-parte hearing as against him upon such terms as it thinks fit. The Such notice in Form No. The operative portion of the order reads as under:- “We are of the view that EOGM should not be stayed. 2022 and initiation of CIRP against the corporate debtor. 2020. VINOD K. May 30, 2024 · In a pivotal judgment, the Hon’ble Supreme Court of India has set a precedent in the realm of corporate insolvency with its ruling in Greater Noida Industrial Development Authority vs. Apr 24, 2020 · Rajkumar Impex Ghana Limited , the National Company Law Tribunal (“NCLT”), Chennai admitted the petition filed by the foreign financial creditor against the Corporate Debtor by observing that the decree by the London Court was conclusive and made on merits even though it was an ex-parte order. As the result, the appeal is allowed and the order of the Adjudicating Authority is set aside. 2023 if limitation is computed, the Appeal being filed within 15 days after expiry of the limitation, there is delay of only 14 days, which need to be condoned. e. 3. It is submitted that in the order dated 8th February, 2019 itself it was recorded that notices sent to Corporate Debtor vide Speed Mar 19, 2024 · Rule 11 of NCLT Rules, 2016 preserves the inherent power of the NCLT to make orders for meeting the ends of justice or for preventing the abuse of the process of NCLT. & Anr. SGV Foils Pvt. Sep 27, 2024 · In Nagarajan, the subject order was pronounced by the NCLT on December 31, 2019. Order of NCLT should be Jul 4, 2019 · National Company Law Appellate Tribunal (NCLAT): Justice Bansi Lal Bhat and Balvinder Singh, Members (Judicial) held that the application filed by the appellant under Section 9 of the Insolvency and Bankruptcy Code, 2016 was not maintainable as it was based on a foreign decree passed ex-parte and not on merits, and until the judicial proceedings regarding execution of the same pending before ex-parte admission order but after constitution of the CoC the Ld. The decision of the Tribunal (Section 422 of the Act) The Tribunal shall strive to decide every petition or application made to it as expeditiously as possible and it shall make an endeavour to dispose of the Aug 7, 2023 · Aggrieved by the order, the company wants to file an appeal to NCLAT. Share this Jul 21, 2016 · PRONOUNCEMENT OF ORDERS. Vs. This Appeal has been filed by the Corporate Debtor through its Ex-Management, challenging the order dated 30th November, 2021 passed by the National Company Law Tribunal, New Delhi Bench, Court III rejecting the Application filed by the Appellant to recall ex-parte order dated 8th February, 2019 and admission order dated 10th April, 2019 passed by Sep 24, 2024 · Hon’ble NCLAT held that from Rule 49 (2) of the NCLT Rules, 2016, it is clear that where a petition or an application has been heard ex-parte against a respondent or respondents, such respondent or respondents may apply to the Tribunal for an order to set it aside and if such respondent or respondents satisfies the Tribunal that the notice was n Sep 1, 2016 · Ex-parte order Rule 37(2) provides if the respondent does not appear on the date of hearing the Tribunal after according reasonable opportunity to the respondent, shall forthwith proceed ex-part to dispose of the application. Skootr Global Pvt. NCLT. – All orders or directions of the Bench shall be stated in clear and precise terms in the last paragraph of the order. 2. 2020 under Section 424(1) of the Act r/w Rule 11 of NCLT Rules, 2016 Sep 1, 2016 · Ex-parte order. ex-parte order under Rule 49, sub-rule (2). – NCLAT New Delhi Read Post » Jan 16, 2023 · NCLT allows an application of Corporate Debtor for setting aside the ex-parte order and granting permission to file reply to the application filed by the Operational Creditor under Section 9 of the IBC – M/s. – NCLAT New Delhi Read Post » Jun 3, 2022 · The Adjudicating Authority(NCLT) was fully competent to recall ex-parte order in exercise of its jurisdiction under Rule 49(2) of NCLT Rules, 2016 – Hacxad Infotech Pvt. 5, the Tribunal, after according reasonable opportunity to the respondent, shall forthwith proceed ex-parte to dispose of the application. 8. 07. preferred by the Appellant herein seeking to set aside the ex-parte Order 18. 1 Nov 7, 2017 · Learned senior counsel for the petitioners submitted that the observations made by the Division Bench while issuing notice and granting interim order may be prejudicial to the interest of the petitioners and FAO (OS) 253/2017 Page 23 of 116 the order passed by the High Court is an ex parte interim order. Skyline Infratech Pvt. The NCLAT was not correct in coming to the conclusion that the order of the NCLT has to be set aside on the ground that it was Mar 10, 2022 · In such a situation before constitution of CoC the Ld. Adjudicating Authority can consider the Application for setting aside ex-parte admission order but after constitution of the CoC the Ld. Grindlays Bank accordingly relied upon the case of Patel Narshi Thakershi v. Jun 3, 2022 · The Adjudicating Authority(NCLT) was fully competent to recall ex-parte order in exercise of its jurisdiction under Rule 49(2) of NCLT Rules, 2016 – Hacxad Infotech Pvt. Learned senior counsel further states Revision order is maintainable if conditions of section 115 are satisfied and where the order is contrary to the provisions of Rule 13 or where court has disposed the application on merits or court has refused to set aside the decree of the ex-parte. Contest by respondent Following remedies are available to the defendant against whom an ex parte decree has been passed: (1) Under the provisions of Order 9 Rule 13 of the CPC, where a decree is passed ex parteagainst a defendant, he may apply to the Court by which the decree was passed for an order to set it aside. 2022, passed by the `Adjudicating Authority’ (b) IA No. Jun 9, 2024 · By the order dated 25. 01. 49. In such a situation, if the defendant satisfies Dec 19, 2020 · Ex Parte Ad-Interim Order. 92 Mar 16, 2022 · The Adjudicating Authority(NCLT) was fully competent to recall ex-parte order in exercise of its jurisdiction under Rule 49(2) of NCLT Rules, 2016 Case Citation: (2022) ibclaw. May 30, 2024 · The Appellate Tribunal ruled that, according to Rule 49(2) of the NCLT Rules, 2016, where a petition or an application has been heard ex-parte against the respondent(s), such respondent may apply Apr 18, 2021 · NCLAT set aside the order and held that the Adjudicating Authority had the power to set aside an ex-parte Order provided, it is satisfied that there was sufficient cause with respect to service of Notice, as provided in Rule 49(2) of the NCLT Rules, 2016, it is noted that the Appellant herein is silent about the service of Notice which was Sep 13, 2023 · Proceeding ex-parte and reserving order is not giving sufficient opportunity to the appellant as contemplated by Rule 37 Sub Rule 2 of the NCLT Rule, 2016. Protection Against Ex-Parte Orders: In corporate disputes, ex-parte orders can have significant consequences. 08. The Appellant has attached Companies list of Debtors and receivable alongwith action for its recovery. 1 and the Appellant(Suspended Management) has filed the Application for setting aside the ex-parte order on 06. -(1) Where on the date fixed for hearing the petition or application or on any other date to which such hearing may be adjourned, the applicant appears and the respondent does not appear when the petition or the application is called for hearing, the Tribunal may adjourn the hearing or hear and decide the petition or the application ex-parte. Adjudicating Authority has vide order dated 27. Operative portion of the order. May 25, 2024 · By the order dated 25. oahhbtc mcvdm tbkx rresg avjtl naqtw ljcw tgfnwn kfnymshu qeasfu reji miovfko cntnm fxq bjfducv