Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Labour Laws
06/09/20264 min read
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Informative
NCLAT Delhi: NCLT Rule 49 Gives Ample Authority To Adjudicating Authority To Proceed “Ex Parte” As “Appearance” Refers To Appearance By CD Or By Authorised Representative
Insolvency & Bankruptcy Code
The National Company Law Appellate Tribunal (NCLAT) Delhi, headed by Justice Ashok Bhushan and technical members Barun Mitra and Arun Baroka, upheld the authority of the Adjudicating Authority to proceed ex parte under Rule 49 of the NCLT Rules, 2016 when the corporate debtor fails to appear.\r
In the case of DBS Bank India Ltd. versus Vyam Technologies Ltd., the corporate debtor faced a Section 7 application for default, with notices duly served but no response filed. Despite subsequent attempts to recall the order, NCLT affirmed the ex parte decision. \r
NCLAT dismissed the appeal, ruling that the absence of an advocate due to recent engagement did not constitute sufficient cause. The ruling emphasized the necessity of appearance by the corporate debtor or its authorized representative as per Rule 49(1) of NCLT Rules, 2016.
