When a party appears on a date which is fixed before the Court, it is presumed that the party is well aware of the proceedings, which was taken up by the Court on the said date – Srigopal Choudhary Vs. SREI Equipment Finance Ltd. – NCLAT New Delhi

Hon’ble NCLAT held that:
(i) Rule 49(2) of the NCLT Rules, 2016 entitles the Respondent to apply to the Tribunal for an order to set aside the order of ex-parte hearing, if such Respondent satisfies the Tribunal that the notice was not duly served, or that he or they were prevented by any sufficient cause from appearing, the Tribunal may make an order setting aside the ex-parte hearing against him or them, upon such terms as it thinks fit.
(ii) It is clear from Rule 49, sub-rule (2) that ex-parte order can be recalled on two grounds, firstly, when notice was not served or that the Respondent/ Applicant was prevented by any sufficient cause from appearing when the Application was called for hearing.
(iii) The Adjudicating Authority in the impugned order, rejected the Recall Application holding that no sufficient case was shown for exercising the power under Rule 49 of the NCLT Rules, 2016.

When a party appears on a date which is fixed before the Court, it is presumed that the party is well aware of the proceedings, which was taken up by the Court on the said date – Srigopal Choudhary Vs. SREI Equipment Finance Ltd. – NCLAT New Delhi Read Post »