A right to judicial remedy, is a right envisaged under the Constitution, which cannot be deprived of, merely because of a minor procedural error or procedural technicalities – Mr. Tajinder Singh Bhathal Vs. MRF Ltd. and Ors. – NCLAT Chennai
December 30, 2024
In this case, on one hand, the company petition under Section 59 of the Companies Act, 2013 was dismissed on 10.08.2022 because of the reason of the pendency of the civil suit, which was undertaken by the Appellant to be withdrawn and for which the Appellant has already filed a withdrawal application and on the other hand, the civil suit is RCS/123/2020 got dismissed as withdrawn on 13.08.2022 an application of the Appellant. Thus, the Appellant has been deprived of pursuing any of the remedies because of the dismissal of the company petition by the impugned order of 10.08.2022 and because of the civil suit being dismissed on 13.08.2022 as withdrawn.