https://www.taxtmi.com/caselaws?id=441768 Where an ex parte direction is challenged on the ground of non-service of notice, the proper course is to seek recall before the same adjudicating authority under the tribunal rules. The procedural scheme under Rules 37, 38, 49 and 105 of the National Company Law Tribunal Rules, 2016 allows the tribunal that passed the order to examine whether notice was duly served or whether sufficient cause prevented appearance, and then decide the recall application by a speaking order after hearing the opposite party. The appellate forum therefore directed the appellant to first invoke the recall mechanism before the adjudicating authority rather than have the merits examined in appeal. en-us Wed, 09 Aug 2023 00:00:00 +0530 Thu, 17 Aug 2023 07:46:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=441768 Where an ex parte direction is challenged on the ground of non-service of notice, the proper course is to seek recall before the same adjudicating authority under the tribunal rules. The procedural scheme under Rules 37, 38, 49 and 105 of the National Company Law Tribunal Rules, 2016 allows the tribunal that passed the order to examine whether notice was duly served or whether sufficient cause prevented appearance, and then decide the recall application by a speaking order after hearing the opposite party. The appellate forum therefore directed the appellant to first invoke the recall mechanism before the adjudicating authority rather than have the merits examined in appeal. Case-Laws Insolvency and Bankruptcy Wed, 09 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=441768