NCLAT Orders NCLT to Consider Former Gensol Director Harsh Singh's Argument Against Probe

The National Company Law Appellate Tribunal (NCLAT) has directed the National Company Law Tribunal (NCLT) to consider the arguments of Harsh Singh, a former director of Gensol Engineering, against the initiation of a probe into the company's affairs. The NCLT had previously ordered an investigation without fully hearing the director's objections. The NCLAT, emphasizing the principles of natural justice, has remanded the matter back to the NCLT. It has instructed the lower tribunal to provide a fair opportunity to the former director to present his case and arguments against the probe before making a final decision. This ruling ensures that the director's perspective is taken into account and that the decision to order a potentially far-reaching investigation is made only after considering all relevant viewpoints, thereby upholding procedural fairness in corporate insolvency matters.