No opportunity is required to be given before passing the order tagging the case with other two matters – Arun Kumar Jain, Ex-Director, M/s. P. K. Industries Pvt. Ltd. Vs. Rakesh Bhatia (Liquidator of M/s. P. K. Industries Pvt. Ltd.) – NCLAT New Delhi
It is prerogative of the President of NCLT to assign a matter to a particular Bench or tag with any other matter. The power under Rule 16(d) has been exercised by the President. We do not find any merit in the submissions of the Counsel for the Appellant that the order is passed under Rule 146 and opportunity is required to be given before passing the order tagging the case with other two matters. Present is not a case where power has been exercised under Rule 146. The power has been exercised by the President under Rule 16(d). We, thus, are of the view that the submission of the Appellant that he was entitled for opportunity under Rule 146 before disposal of the Application does not have any merit.
