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IBC - Highlights / Catch Notes

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Rejection of transfer application - proceedings were initiated ...

Case Laws     Insolvency and Bankruptcy

March 21, 2024

Rejection of transfer application - proceedings were initiated by the Financial Creditor under Section 7 which proceedings were initially admitted and the application to recall the said order was rejected - The Tribunal noted that the Adjudicating Authority had already heard both parties on merits as well as limitation. Despite the insistence of the Appellant for the restoration of IA No. 4676 of 2023, the Adjudicating Authority granted an adjournment for the Appellant to move an appropriate application for restoration. The Tribunal found no prejudice in the manner in which the issue was handled. - NCLAT upheld the rejection of the transfer application and found no fault in the actions of the Adjudicating Authority.

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