NCLT must give a reasonable opportunity of hearing: NCLAT

Pankaj Kumar Mishra vs. Registrar of Companies, Mumbai and Ors. (NCLAT)

The Tribunal (NCLT) must give a reasonable opportunity of making representations and of being heard before passing an order, to the Registrar, the Company and all the persons concerned under Section 252 (1) of the Companies Act, 2013.

Facts of the case:

The name of the Company (Viking Ship Mangers Pvt. Ltd.) was struck off by ROC Mumbai from the Register of Companies. The Principal Commissioner of Income Tax-15, Mumbai (Respondent No. 2 herein) challenged the order of ROC before the NCLT, Mumbai bench under Section 252 of the Companies Act, 2013 stating that this strike-off will cause huge loss of revenue to the Government of India. The NCLT without serving any notice to the Company, allowed the appeal and directed to restore the name of the company in the Register of Companies.

Being aggrieved with this order, Appellant submitted that Section 252 (1) of the Companies Act, 2013, provides that before passing any order under this Section, the Tribunal shall give a reasonable opportunity of making representations and of being heard to the Registrar, the Company and all the persons concerned. Rule 37 of the NCLT Rules, 2016 also provides that the Tribunal shall issue notice to the Respondent to show cause against the Application or Petition on date of hearing to be specified in the notice.

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