2021 (12) TMI 1541

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..... P. SINGH MEMBER (TECHNICAL) AND DR. ASHOK KUMAR MISHRA MEMBER (TECHNICAL) For Appellant: Mr. PBA Srinivsan, Mr. P.S. Chandralekha, Ms. Ichchha Kalash and Mr. Parth Tandon, Advocates. For Respondents: Mr. Shaunak Mitra, Advocate for R-1. Mr. Lalit Mohan, Advocate for R-2. Mr. Rishav Banerjee and Mr. Neeraj Kr. Gupta, Advocates for R-3/RA. ORDER The Appellant/Canara Bank has preferred ....

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....are not expressing any opinion on merits of the matter. We direct the Canara Bank not to recover amount. They are directed to file reply by giving copy to the other side. Matter to appear on 26.03.2020." At this juncture, this Tribunal after going through the impugned order dated 26.02.2020 in Misc. A (IB) No. 338/KB/2020 in C.P. (IB) No. 570/KB/2018 passed by the Adjudicating Authority is of t....

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....nfirmities; firstly, it may cause prejudice to the affected party and secondly, more particularly, hamper the proper administration of justice. These principles are not only applicable to administrative or executive actions, but they apply with equal force and, in fact, with a greater degree of precision to judicial pronouncements. The orders of the court must reflect what weighed with the court i....

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....ur Processual 'Justice Delivery System'. It must be borne in mind, that an Adjudicating Authority when it passes an order, the parties to the litigation or entitle to know one way or other about his application either being allowed or rejected. To put it succinctly, ascribing reasons in an order is the 'Heart' and 'Soul' of the speaking order. Not recording the reasons certainly will lead to in....