Piyush Tewari vs Kashi Vishwanathan Sivaraman

IN THE MATTER OF: Piyush Tewari ...Appellant Versus Kashi Vishwanathan Sivaraman Resolution Professional of Kindle Developers Pvt. Ltd. ...Respondent

Present: For Appellant : Mr. Abhijeet Sinha, Sr. Advocate with Mr. Anurag Kumar, Advocates. For Respondent : Present but appearance not marked.

ORAL ORDER

(Hybrid Mode)

[Per: Justice Rakesh Kumar Jain]

24.01.2024 : This Appeal is directed against the order dated 13.06.2023,

by which National Company Law Tribunal, New Delhi Bench, Court - II has

dismissed the Application I.A. No. 3192 of 2023 by one line order stating that

"we are not inclined to allow the prayer made in the Application".

2. Counsel for the Appellant has submitted that the disposed order is

passed in violation of principles of natural justice which requires of giving

reasons in the Impugned Order.

3. It is submitted that an Application for Restoration of the Application

was filed giving reasons as to why the Counsel, at that time could not put in

appearance, but the Tribunal has dismissed the Application by observing that

it is not inclined to allow the prayer made in the Application.

4. Counsel for the Respondent has argued that there is no error in the

Impugned Order because the previous conduct of the Appellant has to be

seen.

5. We have heard Counsel for the Parties and after perusal of the record

are of the considered opinion that the Impugned Order is non-speaking and

against the principles of natural justice.

6. Therefore, this Appeal is hereby allowed and the Impugned Order is set

aside. The matter is remanded back to the Learned Tribunal by restoring the

Application bearing I.A. No. 3192/2023 to be decided by it once again after

hearing both the Counsel for the Parties and by passing a Speaking Order.

The Parties are directed to appear before the Tribunal on 12.02.2024.

[Justice Rakesh Kumar Jain] Member (Judicial)

[Ajai Das Mehrotra] Member (Technical) himanshu/kam

Comp. App. (AT) (Ins.) No. 1052 of 2023 2 of 2