2026 (2) TMI 1221

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....PELLATE TRIBUNAL, CHENNAI - TMI<br>NATIONAL COMPANY LAW APPELLATE TRIBUNAL, CHENNAI - AT (Judgement / Order / Decisions)<br>Dated:- 12-2-2026<br>Company Appeal (AT) (CH) No. 02/2026 (IA No. 59 / 2026) - -<br>Corporate Laws<br>JUSTICE SHARAD KUMAR SHARMA MEMBER (JUDICIAL) AND JATINDRANATH SWAIN MEMBER (TECHNICAL) For the Appellants : Mr. Yahya Batatawala, Advocate and Ms. Tehseen Fatima Khatri, PCS For the Respondents : Mr. PH. Arvindh Pandian, Senior Advocate For Mr. Amrith Bhargav, Mr. Jerin Asher Sojan & Mr. KM. Ashif, Advocates ORDER Oral Judgment: Justice Sharad Kumar Sharma, Member (Judicial): This Company Appeal engages consideration of a very trifle legal issue, though, it might be having a very wide ramifications ....

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....t relates to the proceedings carried on under the provisions of the Companies Act, 2013 before the Tribunals constituted under the Companies Act are that these proceedings as contemplated under the provisions of the Companies Act, 2013 shall not be bound by the procedures contemplated under the Code of Civil Procedure and are to be guided by the principles of natural justice, in light of the provisions of Section 424 of Companies Act. Owing to the aforesaid, the responsibility has also been cast upon the Tribunals to ensure at the initial stage of proceedings itself that the adjudication is carried on between the rightful parties and on merits of the matter, rather than on the technicalities such as that of the non-joinder of the necessary ....

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....he said Appeal was dismissed as withdrawn on 06.11.2025 owing to the subsequent developments in the proceedings of the Company Petition and that, now it may adversely affect his rights if the company petition proceedings is carried after addition of the parties in the cause title of the company petition. 6. Since, we have to balance the equities and ensure that effective opportunity is provided to all the parties for enabling the lis to be decided on merits and more particularly owing to the amendment, which has been permitted by us to be carried, by adding the party to the proceedings, we make it clear that the decision taken in the earlier Company Appeal (AT) (CH) No. 147/2025, will not in any way create an impediment for the right of ....