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1 - 9 of 9 (0.20 seconds)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).
Section 7 in The Companies Act, 2013 [Entire Act]
Section 9 in The Companies Act, 2013 [Entire Act]
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.
Section 68 in The Companies Act, 2013 [Entire Act]
Section 77 in The Companies Act, 2013 [Entire Act]
Section 435 in The Companies Act, 2013 [Entire Act]
Section 60 in The Companies Act, 2013 [Entire Act]
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