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Case Law Details

Case Name : Trident Fabricators Pvt. Ltd. Vs Hiranmayee Energy Ltd. (NCLAT Delhi)
Appeal Number : Company Appeal (AT) (Insolvency) No. 989 of 2022
Date of Judgement/Order : 23/08/2022
Related Assessment Year :
Courts : NCLAT
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Trident Fabricators Pvt. Ltd. Vs Hiranmayee Energy Ltd. (NCLAT Delhi)

Rule 43 of the NCLT Rules, 2016 deals with powers of the Bench to call further information or evidence. There cannot be any quarrel regarding Bench having such powers. Rule 43 (1) and (2) gives ample powers to the Bench to call any information or evidence as it may consider necessary in its discretion.

NCLT can call any information or evidence under Rule 43 of NCLT Rules, 2016

In the present case, the Appellant has filed an I.A. seeking directions to the Corporate Debtor to disclose certain documents as has been noticed The Adjudicating Authority after considering the application has given reasons especially that there is no privity of contract between the Appellant and the Corporate Debtor, hence, he is not entitled to call for documents.

We do not find any error in the order of the Adjudicating Authority rejecting the I.A. filed by the Appellant. We are of the view that the Adjudicating Authority has exercised its discretion in accordance with law after giving due reasons which does not warrant any interference in exercise of our Appellate jurisdiction.

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