2022 (6) TMI 541

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....rties', the instant Company Appeal (AT) (CH) No.28 of 2022, on the file of this 'Appellate Tribunal', is taken up for 'Final Disposal'. According to the Learned Senior Counsel for the Appellant, the 'impugned order' dated 23.02.2022 in CP/82(CHE)/2021 was passed by the National Company Law Tribunal, Division Bench II, Chennai in granting relief (1) "(b) appointing an independent forensic auditor to conduct the forensic audit on the affairs of the 1st Respondent Company from 01.02.2018 and to submit a report before this 'Tribunal' and (2) the direction was issued by the 'Tribunal' that the Respondent Company shall not conduct Statutory Meetings and if at all any meeting is to be conducted, the same shall be carried out only in the presenc....

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....ed opinion, that the said order as mentioned 'supra' suffers from 'legal infirmity', which cannot stand all 'moments scrutiny' in Law. It must be borne in mind that 'Reasons' found in an order are the 'Heart' and 'Soul' of any 'Order' passed by the 'Tribunal' in a given case and that is the essence of 'Fair Play' action. If the 'Tribunal' / 'Court' of Law passes an 'Order' at least with some kind of reasons being assigned therein and not arriving at a conclusion, then it will enable the 'Superior Forum' to examine the 'Validity' and 'Legality' of the 'Order' passed by it in a 'qualitative' and 'quantitative' manner. It is true that 'Natural Justice' is uncodified but the principles are 'ingrained' into the conscience of a Homo sapien.....