07/04/2017

Natural Justice before NCLT – Sree Metaliks Limited and Anr. (Corporate Debtor) Vs. Union of India & Anr.- High Court of Calcutta

A person cannot be condemned unheard. Where a statute is silent on the right of hearing and it does not in express terms, oust the principles of natural justice, the same can and should be read into in. When the NCLT receives an application under Section 7 of the Code of 2016, therefore, it must afford a reasonable opportunity of hearing to the corporate debtor as Section 424 of the Companies Act, 2013 mandates it to ascertain the existence of default as claimed by the financial creditor in the application.
The proceedings before the NCLT are adversarial in nature. Both the sides are, therefore, entitled to a reasonable opportunity of hearing.

Natural Justice before NCLT – Sree Metaliks Limited and Anr. (Corporate Debtor) Vs. Union of India & Anr.- High Court of Calcutta Read Post »

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