The Principal Bench of the National Company Law Appellate Tribunal(NCLAT) set aside the reserved order since it was made without allowinga hearing.
H S Oberoi Buildtech Pvt. Ltd, the Appellant filed three applications that came up for hearing on 13.04.2022 but without issuing notice to the Appellant who is the Successful Resolution Applicant, the order was reserved and later the same was pronounced on 24.05.2022.
It was alleged by the appellant that the reserved orders were passed without giving adequate opportunity to the appellant.
It was well established that the Respondent has been condemned without given any opportunity of hearing by the Tribunal. In the case of ‘State of Orissa vs Binapani Dei, 1967 AIR 1269’, in which it has been held that not only the judicial order but also the administrative order should be passed by following the principle of natural justice.
A two-member bench comprising Justice Rakesh Kumar Jain and Mr Naresh Salecha, Member (Technical) observed that an opportunity fora hearing is not given to the appellant and set aside the impugned order. The matter was remanded back to the Tribunal to hear the parties and take a decision by the law by passing a speaking order once again. All three appeals are allowed and directed the parties to appear before the Tribunal on 02nd June 2023.
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