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TMI Blog2019 (4) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... hority has violated rules of natural justice by not issuing any notice to the ‘Corporate Debtor’ about the date of admission, we have no other option but to set aside the impugned order dated 14th December, 2018. It is accordingly set aside. The matter having already settled between the parties, we are not remitting the matter back to the Adjudicating Authority. In effect, order (s), passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Mr. Dilip Chhabria, Shareholder and Director of Dilip Chhabria Design Pvt. Ltd. has challenged the order dated 14th December, 2018 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Mumbai, whereby and whereunder, the application under Section 7 of the Insolvency and Bankruptcy Code, 2016 ( I B Code for short) filed by Minda Capital Private Lim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entive Industries Ltd. v. ICICI Bank Anr. ─Company Appeal (AT) (Insolvency) No. 1 2 of 2017 , this Appellate Tribunal referring to Section 424 of the Companies Act, which has adopted by XIth Schedule of the I B Code held that the Adjudicating Authority is required to issue limited notice to the Corporate Debtor before admission of an application. 6. In the present case, as we fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aper calling for applications all such orders and actions are declared illegal and are set aside. The application preferred by Respondent under Section 7 of the I B Code is dismissed. Learned Adjudicating Authority will now close the proceeding. The Dilip Chhabria Design Private Limited - ( Corporate Debtor ) is released from all the rigour of law and is allowed to function independently throug ..... X X X X Extracts X X X X X X X X Extracts X X X X
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