Explain the provisions relating to Ex-parte Hearing and disposal under rule 49 of the National Company Law Tribunal Rules, 2016.
CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2025
Explain the provisions relating to Ex-parte Hearing and disposal under rule 49 of the National Company Law Tribunal Rules, 2016.
Answer & Explanation:
Rule 49 of the National Company Law Tribunal Rules, 2016 deals with Ex-parte Hearing and disposal. It provides that: Where on the date fixed for hearing the petition or application or on any other date to which such hearing may be adjourned, the applicant appears and the respondent does not appear when the petition or the application is called for hearing, the Tribunal may adjourn the hearing or hear and decide the petition or the application ex-parte. Where a petition or an application has been heard ex-parte against a respondent or respondents, such respondent or respondents may apply to the Tribunal for an order to set it aside and if such respondent or respondents satisfies the Tribunal that the notice was not duly served, or that he or they were prevented by any sufficient cause from appearing when the petition or the application was called) for hearing, the Tribunal may make an order setting aside the ex-parte hearing as against him or them upon such terms as it thinks fit. Provided that where the ex-parte hearing of the petition or application is of such nature that it cannot be set aside as against one respondent only it may be set aside as against all or any of the other respondents also.
Topics: National Company Law Tribunal
Related Questions in this Topic
- Mr. P is unable to pay his debt and wants to apply under the Insolvency and Bankruptcy Code 2016 for a fresh start proce...
- Comment on Professional Assistance to Company Liquidator as per provision of section 291 of the Companies Act, 2013. A c...
- A resolution plan shall provide for the measures, as may be necessary, for insolvency resolution of the corporate debtor...
- Explain the provision on actions to avoid acts detrimental to creditors as per provision of the Article 23 of the UNCITR...
- 'The Ministry of Corporate Affairs has constituted the Insolvency Law Committee (ILC) to recommend amendments to the Ins...