Belated Form 10B filing during Covid-19 cannot defeat charitable exemption where genuine hardship warrants condonation and substantial justice prevail...
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Natural justice justified writ interference where additional objections and supporting documents were refused in insolvency proceedings after the corporate debtor had filed its original reply. The Tribunal had power to receive subsequent pleadings with leave under the procedural rules, read with its inherent powers, and the refusal on the ground that no such provision existed was unsustainable. The short time for the original reply explained the later filing, and the alternative-remedy objection did not bar relief because the refusal was procedurally unfair. The impugned order was set aside and the Tribunal was directed to consider the additional objections and documents.
Natural justice justified writ interference where additional objections and supporting documents were refused in insolvency proceedings after the corporate debtor had filed its original reply. The Tribunal had power to receive subsequent pleadings with leave under the procedural rules, read with its inherent powers, and the refusal on the ground that no such provision existed was unsustainable. The short time for the original reply explained the later filing, and the alternative-remedy objection did not bar relief because the refusal was procedurally unfair. The impugned order was set aside and the Tribunal was directed to consider the additional objections and documents.
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