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Radhakrishnan Dharmarajan vs Saravana Distributers

National Company Law Appellate Tribunal17 October 2019

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal may expunge adverse observations made against a party in an impugned order, without hearing the other side, where those observations are inconsistent with other findings in the same order that appreciate that party's work, and where the Tribunal expressly declines to examine the merits of the impugned decision.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 1071 of 2019IN THE MATTER OF:

Radhakrishnan Dharmarajan ...Appellant

Vs.

M/s. Saravana Distributers ...Respondent

Present: For Appellant: - Mr. K.V Balakrishnan, Advocate.

For Respondent: - None.

O R D E R

17.10.2019─ The Appellant- Mr. Radhakrishnan Dharmarajan

('Resolution Professional') has challenged the order of approving the

'Resolution Plan' dated 16th September, 2019 passed by the Adjudicating

Authority (National Company Law Tribunal), Bengaluru Bench.

2. Learned counsel for the Appellant referred to paragraph 13 of the

impugned order wherein certain observations have been made against

the Appellant- 'Resolution Professional' which are contrary to the

observations as made by the Adjudicating Authority at paragraph 7

wherein his work has been appreciated.

3. In the facts and circumstances of the case, it is not necessary to

hear the other party for the present, we expunge the adverse observations

as made against the Appellant- Mr. Radhakrishnan Dharmarajan

Contd/-...........

-2-

('Resolution Professional') at paragraph 13 of the impugned order dated

16th September, 2019.

However, we make it clear that we have not gone into the merit of

the decision dated 16th September, 2019 passed by the Adjudicating

Authority.

The appeal stands disposed of. No costs.

(Justice S.J. Mukhopadhaya) Chairperson

(Justice A.I.S. Cheema) Member(Judicial)

(Kanthi Narahari) Member(Technical) Ar/g

Company Appeal (AT) (Insolvency) No. 1071 of 2019

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