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NCLAT Remands Case: NCLT Must State Reasons for Denial of relief

Case Law Details

TaxGuru Citation
2025 taxguru.in 9859
Case Name
Katariya Infraproject Pvt. Ltd. & Anr Vs Mukesh Kumar Jain (NCLAT Delhi)
Date of Judgement/Order
Only available for paid members
Courts
NCLAT
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Katariya Infraproject Pvt. Ltd. & Anr Vs Mukesh Kumar Jain (NCLAT Delhi)

The National Company Law Appellate Tribunal (NCLAT), Delhi, remanded a matter concerning Katariya Infraproject Pvt. Ltd. back to the National Company Law Tribunal (NCLT), Ahmedabad, after determining that the NCLT failed to provide adequate reasons for not granting all the reliefs and concessions sought by the appellant. The appeal contested an NCLT order dated May 16, 2025, which disposed of the appellant’s application, I.A. No. 249 (Ahmedabad) 2025. While the NCLT’s order noted and granted some reliefs in paragraph 9, the appellant argued that several other reliefs, detailed in Annexure-H of their original application, were left unaddressed. The NCLAT observed that while the reliefs granted were specified, the NCLT order provided no indication that the larger reliefs claimed were even considered, nor did it offer reasons for their refusal. In line with established principles of judicial fairness, which mandate that all courts and tribunals must provide reasoned decisions for all points raised, the NCLAT concluded that the ends of justice would be served by giving the appellant the liberty to file a fresh application detailing the specific reliefs they still wish to press. The NCLAT directed the Adjudicating Authority (NCLT) to then consider this fresh application and pass a new order expeditiously, without being influenced by its prior order.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,234

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