October 17, 2022

Order becomes operative from the date it is pronounced

National Company Law Appellate Tribunal, Principal Bench, New Delhi on 07-01-2022, in Rishi Kapoor Versus Kashi Vishwanathan Sivaraman CA(AT)(Ins) No. 966/2021 Justice Ashok Bhushan (Chairperson), Justice Jarat Kumar Jain (Judicial member) and Dr. Alok Srivastava (Technical member)

Appeal is as to whether the order passed by the Adjudicating Authority becomes operative from the date it is pronounced or the order become operative only when it is uploaded on the website.

Rule 150 of the National Company Law Tribunal Rules, 2016 provides for ‘pronouncement of order’. Rule 150 is as follows:- “150. Pronouncement of Order.-

(1) The Tribunal, after hearing the applicant and respondent, shall make and pronounce an order either at once or, as soon as thereafter as may be practicable but not later than thirty days from the final hearing.

(2) Every order of the Tribunal shall be in writing and shall be signed and dated by the President or Member or Members constituting the Bench which heard the case and pronounced the order.

(3) A certified copy of every order passed by the Tribunal shall be given to the parties.

(4) The Tribunal, may transmit order made by it to any court for enforcement, on application made by either of the parties to the order or suo motu.

(5) Every order or judgment or notice shall bear the seal of the Tribunal.”

When a Tribunal or Court pronounce an order in accordance with Rule, the legal consequences from the order flow from pronouncement of judgment and its operation shall not be suspended on specious submission. In the present case, we have already notice that the Application under Section 7 was filed in the year 2017. Notices were served on the Corporate Debtor as recorded by the Court on 15.01.2018. Application under Section 7 was heard on on 30.01.2018 and order was pronounced on 09.03.2018. It is not permissible either the Corporate Debtor or any other stakeholders to contend that the order shall not become operative on 09.03.2018 when it was pronounced. We thus rejects the submissions of the Counsel for the Appellant that the order dated 09.03.23018 shall become operative only on 22.06.2018 when it was uploaded. We hold that the order dated 09.03.2018 become operative on 09.03.2018 when it was pronounced in the Court and all legalconsequences shall follow.

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