TMI Blog2023 (5) TMI 1245X X X X Extracts X X X X X X X X Extracts X X X X ..... erla Member (Technical) For the Appellant : Mr. P.H. Arvindh Pandian Sr. Advocate with Mr. Pawan Jhabakh, Mr. Avinash Krishnan Ravi, Mr. Abishek Raman, Mr. Ashwin Raman, Advocates. For the Respondents : Mr. Ravi Rajagopalan, Advocate for R-1/ Caveator. ORDER This Appeal is directed against the Order dated 18.04.2023 passed by the Learned Adjudicating Authority (National Company Law Appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 10(A) of the Insolvency and Bankruptcy Code, 2016, (in short 'The IBC'). 4. It is further submitted that though this point was not taken before the Adjudicating Authority but since its a pure question of law as it goes to the root of the controversy in hand, the same can be raised in the first Appeal. In support of his submission, he has relied upon a decision of the Hon'ble Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the considered opinion that prima facie there is a merit in the argument of the Counsel for Appellant and therefore we issue a formal Notice to the Respondents for 27th June, 2023. The Appellants shall deposit the requisite process fee etc. for effecting service upon the Respondents.
In the meantime, operation of the Impugned Order shall remain stayed. X X X X Extracts X X X X X X X X Extracts X X X X
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