SC Orders Notice Issuance in Appeal, Calls for IBBI to Review NCLT Order Service and Uploading Procedures for Clarity. The SC directed the issuance of notice in Civil Appeal No. 4404/2024, mandating service through all modes, including dasti. The Court highlighted ...
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SC Orders Notice Issuance in Appeal, Calls for IBBI to Review NCLT Order Service and Uploading Procedures for Clarity.
The SC directed the issuance of notice in Civil Appeal No. 4404/2024, mandating service through all modes, including dasti. The Court highlighted ambiguities in NCLT's order service and uploading process, necessitating certified copies for appeals. The IBBI was instructed to evaluate and potentially revise procedures to enhance clarity and efficiency.
Issues Involved: Notice issuance in Civil Appeal no. 4404/2024; Ambiguity in service of orders by NCLT; Role of Insolvency and Bankruptcy Board of India (IBBI).
In the judgment, the Supreme Court, comprising Hon'ble Mr. Justice Sanjiv Khanna and Hon'ble Mr. Justice Dipankar Datta, directed to issue notice in the matter related to Civil Appeal no. 4404/2024 titled "Sanjay Kumar Bansal vs. M/s. Soni Realtors Pvt. Ltd. & Ors." The Court ordered that notice should be served through all modes, including dasti.
Furthermore, the Court expressed concerns regarding the ambiguity surrounding the service of orders issued by the National Company Law Tribunal (NCLT), the uploading of orders on the website, and the necessity of obtaining a certified copy of the order for appeal purposes. In light of these concerns, the Court decided to involve the Insolvency and Bankruptcy Board of India (IBBI) to address these issues. The IBBI was tasked with examining whether the existing process required any clarification, modification, or simplification to ensure smoother proceedings in such cases.
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