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of <h1>President's Transfer Order Upheld by Tribunal; No Opportunity Required Before Tagging Related Cases</h1> <h3>Arun Kumar Jain, Ex-Director, M/s. P.K. Industries Pvt. Ltd. Versus Rakesh Bhatia (Liquidator of M/s. P.K. Industries Pvt. Ltd.)</h3> Arun Kumar Jain, Ex-Director, M/s. P.K. Industries Pvt. Ltd. Versus Rakesh Bhatia (Liquidator of M/s. P.K. Industries Pvt. Ltd.) - TMI Issues:Transfer of case from one NCLT Bench to another NCLT Bench for tagging with other cases - Appellant's contention on violation of NCLT Rules - President's power under Rule 16(d) of NCLT Rules - Merit of the Appellant's submissions - Upholding the President's order tagging the case with other matters.Analysis:The judgment pertains to an appeal against the order transferring a case from NCLT Bench-III to NCLT Bench-II to tag with other cases, as per the President's decision. The Appellant argued that the transfer was not in accordance with Rule 146 of the NCLT Rules, 2016, which govern the disposal of cases. The Appellant contended that the President's action fell under Rule 16(d) of the NCLT Rules, granting the President the power to transfer cases between benches. The Tribunal noted that the President's authority to assign a matter to a specific Bench or associate it with another matter is a prerogative. The Tribunal found no merit in the Appellant's argument that the order should have been made under Rule 146, emphasizing that the President exercised power under Rule 16(d), not requiring an opportunity for the Appellant before tagging the case with other matters.The Tribunal highlighted that the Appellant was not entitled to an opportunity under Rule 146 before the President's decision to tag the case with related matters. The judgment clarified that the President's action was within the scope of Rule 16(d) of the NCLT Rules, granting the President the authority to transfer cases between benches as deemed necessary. Consequently, the Tribunal dismissed the appeal, affirming the President's order to tag the case with other IBs related to the Appellant's sister concern that were listed in Court-II. The Tribunal concluded that there were no grounds to interfere with the President's decision, and thus, the appeal was dismissed.
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