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The NCLAT held that the Adjudicating Authority violated principles of natural justice by failing to consider rival contentions and assign reasons for either accepting or rejecting arguments while granting an interim order u/ss 241/242 of the Companies Act, 2013. The NCLAT allowed the appellant to file a stay vacation application before the Adjudicating Authority within one week. The Adjudicating Authority was directed to decide the stay vacation application within three weeks, considering all contentions and assigning reasons for granting or denying the interim order. The observations made by the NCLAT or the impugned order were not to influence the decision on the stay vacation application.
The NCLAT held that the Adjudicating Authority violated principles of natural justice by failing to consider rival contentions and assign reasons for either accepting or rejecting arguments while granting an interim order u/ss 241/242 of the Companies Act, 2013. The NCLAT allowed the appellant to file a stay vacation application before the Adjudicating Authority within one week. The Adjudicating Authority was directed to decide the stay vacation application within three weeks, considering all contentions and assigning reasons for granting or denying the interim order. The observations made by the NCLAT or the impugned order were not to influence the decision on the stay vacation application.
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