2021 (12) TMI 1542

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tcy<br>JUSTICE M. VENUGOPAL MEMBER (JUDICIAL), V. P. SINGH MEMBER (TECHNICAL) AND DR. ASHOK KUMAR MISHRA, MEMBER (TECHNICAL) For Appellant: Ms. Lakshmy Iyengar, Sr. Advocate with and Ms. Ankita G Shelke, Advocate. For Respondents: Mr. Sumit Shukla and Ms. Ruchi Goyal, Advocates for RP. ORDER Heard both sides. According to the Learned Counsel for the Appellant, the Appellant/Applican....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hat the 'Adjudicating Authority' in the impugned order had only heard the Learned Counsel for the 'Resolution Professional' and there was no mention of other Learned Counsels being heard/were heard in the subject matter in issue and hence, the impugned order is an unreasoned one, without assigning reasons and this is to be set aside, to promote substantial cause of Justice. In this connection, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 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 in granting or declining the relief claimed by the applicant." Be that as it may, this 'Tribunal' bearing i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....icial System. It cannot be gain said that assigning of reasons in an order is the 'Heart' and 'Soul' of any 'order' and absence of the same are a classic case of 'Miscarriage of Justice' meted out to the affected party. Viewed in that angle, this 'Tribunal' comes to the consequent conclusion that the impugned order does not stand a moment scrutiny in the eye of Law, since the same is clearly un....