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february 2021

Supreme Court of India · 2021-02-26

Surender Kumar Gupta vs J.M. Housing Limited

Court
Supreme Court of India
Petitioner
Surender Kumar Gupta
Respondent
J.M. Housing Limited
Bench
M R Shah, Dhananjaya Y Chandrachud

Judgment text excerpt

The Supreme Court addressed the appeal concerning an ex-parte order issued by the National Company Law Tribunal (NCLT) under Sections 241 and 242 of the Companies Act, 2013, which was set aside by the National Company Law Appellate Tribunal (NCLAT) for violating natural justice principles. The Court emphasized that the proper recourse for the respondents should have been to seek modification of the NCLT's order rather than appealing to the NCLAT. The matter was remitted back to the NCLT for a fresh consideration on merits, ensuring all parties are heard.

Surender Kumar Gupta vs J.M. Housing Limited · Niyam