Order/Judgment:
Ex-parte ad-interim order – By National Company Law Tribunal (NCLT) – In a petition u/ss. 241 and 242 of Companies Act, 2013 – Appeal to National Company Law Appellate Tribunal (NCLAT) – Order of NCLT was set aside by NCLAT on the ground that it was passed in violation of principles of natural justice and the matter was remitted to NCLT for de novo consideration on merits – Appeal to Supreme Court – Held: The essence of an ex-parte order is that it is passed without hearing the other side – The adjudicating authority, before issuing an ex-parte ad-interim order, must be satisfied of the irretrievable injury which may be caused to the applicant if a protective order is not passed – A prima facie case and balance of convenience must also be weighed in – NCLAT has not dealt with the fundamental issue whether the petitioners had established an urgent case for the grant of ex-parte relief – Consideration of the matter on merit by NCLT as per the direction of NCLAT, would preclude the petitioners from applying for grant of ad-interim relief during pendency of the proceedings before NCLT – Therefore, the petitioners are granted liberty to apply afresh for interim relief on the basis of same application, on which NCLT had passed its order – Appeal disposed of.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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