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Rajeev Goel vs Manjeet Kaur

National Company Law Appellate Tribunal3 February 2025

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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