2024 (5) TMI 808 - AT - Insolvency and Bankruptcy

Violation of principles of natural justice - non-speaking order - impugned order has not dealt with the various prayers made by the Appellant in the application and has confined its order with the claim which has been admitted by the RP - HELD THAT - This matter requires a relook by the Adjudicating Authority for the purpose of recording a finding on each prayers sought in the application after taking into consideration the pleadings as well as the evidence brought on record. As according to us, the impugned order is totally nonspeaking. Application is hereby restored and the matter is remanded back to the Adjudicating Authority to decide the application again by recording reasons while dealing with the prayers made in the application - appeal allowed by way of remand.

Summary

Issues involved: Appeal against order of Adjudicating Authority regarding dismissal of application, non-speaking nature of impugned order, failure to address various prayers made by the Appellant, reference to email by Resolution Professional (RP), entitlement to rent, conveyance deed registration competence of RP.

Summary:
The Appellate Tribunal heard an appeal against the order dated 23.05.2023, where the Adjudicating Authority dismissed an application filed by the Appellant. The Appellant contended that the impugned order did not address the prayers made in the application and only focused on the claim admitted by the RP, referencing an email from the RP dated 15.02.2023. The Appellant's prayers included claims for rent, conveyance, house taxes, and more, supported by evidence of entitlement under the Builder Buyer Agreement. The RP, however, argued that all prayers were considered by the Adjudicating Authority, albeit not explicitly stated in the order.

Upon review, the Tribunal found the impugned order to be non-speaking, lacking a detailed analysis of the prayers and evidence presented. Consequently, the appeal was successful, and the impugned order was set aside. The application was restored, and the matter remanded back to the Adjudicating Authority for a comprehensive reconsideration. The parties were directed to appear before the Adjudicating Authority on 10th June 2024, with a request for a prompt decision, preferably within two months, while maintaining neutrality on the case's merits for the Adjudicating Authority's determination.