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Sree Metaliks Limited And Another vs Union Of India And Anr on 7 April, 2017

18. In the present case, the 'Ministry of Corporate Affairs' was neither arrayed as a party nor impleaded in the subject matter before the Adjudicating Authority. Also, that the 'Registrar of Companies' had not filed any response/ reply/ counter (in respect of the clarification sought for) prior to the passing of the impugned order. An Adjudicating Authority (National Company Law Tribunal) has a quasi-judicial one is to abide by the principles of 'Natural Justice'. After providing a reasonable opportunity of being heard to the other side, the Tribunal can pass appropriate orders. If an order is passed by the Tribunal, without affording an opportunity of hearing to the parties, the same is unsustainable in Law as per decision Sree Metaliks Ltd. v. Union of India (2017) 203 Com Cases 442 : (2017) 140 CLA 30 (Cal).
Calcutta High Court (Appellete Side) Cites 17 - Cited by 3 - D Basak - Full Document

Antonio S.C. Pereira vs Ricardina Noronha (D) By Lrs on 14 September, 2006

6. It is the stand of the Appellant that the Hon'ble Supreme Court of India in the decision of "Antonio S.C. Preria v. Ricardina Noronha (D) By Lrs. - (2006) 7 SCC 740" had answered the issue, whether a 'third person' to the dispute should be heard and held that the third person Company Appeal (AT) (Insolvency) No. 1417 of 2019 Page 3 of 10 must be heard in the same dispute if he or she has suffered or is likely to suffer any substantial injury by the decision of the Hon'ble Court.
Supreme Court of India Cites 0 - Cited by 14 - S B Sinha - Full Document
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