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TMI Blog2017 (10) TMI 295X X X X Extracts X X X X X X X X Extracts X X X X ..... - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, MUMBAI] Adjudicating Authority is bound to issue a limited notice to the corporate debtor before admitting a case for ascertainment of existence of default based on material submitted by the corporate debtor and to find out whether the application is complete and or there is any other defect required to be removed. In the circumstances, as above the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority (National Company Law Tribunal), Principal Bench, New Delhi (hereinafter referred to as 'Adjudicating Authority') in CO.PET. No.662/2016. By the impugned order; learned Adjudicating Authority, on a transfer petition of winding-up under Section 439 read with Section 443 read with Section 433(e) read with Section 434 of the Companies Act, 1956, treated the application preferred by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Road Branch, New Delhi. 3. Shri Rakesh Mukhija, learned counsel appearing for the respondent accepts that the impugned order was passed without notice to the appellant-'Corporate Debtor'. From the judgement also, while we find that the names of the advocates appearing on behalf of 'Operational Creditor' have been recorded, no appearance has been shown on behalf of the 'Cor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts order. 5. In the circumstances, as the case of the appellant is covered by the decision in Innoventive industries Ltd. Vs. ICICI Bank Anr. and the impugned order has been passed in violation of rules of natural justice, we set aside the impugned order. 6. The case is remitted to the learned Adjudicating Authority, Principal Bench, New Delhi to decide the professional fee of I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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