IBC: If a case is heard on a specific date but the order is delivered later, the Supreme Court directs that the NCLT should not include the date of the hearing on the order
Case: Sanjay Pandurang Kalate v Vistra ITCL (India) Limited and Others
Coram: Chief Justice of India Dr Dhananjaya Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra
Case No.: Civil Appeal Nos 7467-7468 of 2023
Court Observation: “To avoid situations such as these, in cases where the matter has been heard on a particular day but the order is pronounced on a later date, the NCLT must refrain from affixing the date of hearing on the order. Such an approach would be a violation of the NCLT Rules, which create a distinction between hearing and pronouncement and do not allow the NCLT to dispense with the requirement of pronouncement.”
Time for filing an appeal would commence only when the order appealed from was uploaded since prior to that date no order was pronounced”
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IBC: If a case is heard on a specific date, Supreme Court
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