Rajeev Goel vs Manjeet Kaur
- CitationCOMPANY APPEAL (AT)NO.61 OF 2024
Ratio decidendi
The rule this decision rests on
A judgment or order of a tribunal dismissing an application without giving any reasons is liable to be set aside, and the matter remanded for the application to be heard on its merits and disposed of by a speaking order.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI COMPANY APPEAL (AT)NO.61 OF 2024 In the matter of Rajeev Goel Appellant Vs Manjeet Kaur Respondent For Appellant: Mr Naveen Kumar, Advocates. For Respondent: Mr. Ashutosh Kumar, Advocate.
ORDER
(HYBRID MODE)
03.02.2025: This appeal is against an impugned order dated
19.12.2023 whereby Rule 49 with Rule 11 of NCLT Rules, 2016 for setting
aside the ex-parte orders dated 05.03.2021, 13.04.2022 and 16.08.2022 was
dismissed.
2. It is the submission of ld. Counsel for Appellant no reason is given for
dismissal of his application for setting aside of ex-parte order. The application
viz. IA 419/ND/2023 is also annexed at pg. 44 of the paper book.
3. Ld. Counsel for Appellant submits none of the facts as have been
mentioned in the application are dealt with in impugned order and the
application was disposed of in one line.
4. Considering the fact that no reason is given for dismissing of the
application viz. IA 419/ND/2023, it would be appropriate the impugned
order be set aside. Thus, the ld. NCLT is requested to relist the application
IA 419/ND/2023; to hear it on merit and to dispose it of with a speaking
order.
COMPANY APPEAL (AT)NO.61 OF 2024 1 With these observations, the appeal is disposed of. All the pending
applications, are also disposed of.
[Justice Yogesh Khanna] Member (Judicial)
[Mr. Indevar Pandey] Member (Technical)
ss/manu
COMPANY APPEAL (AT)NO.61 OF 2024 2
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