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Application u/s 7 dismissed without arguments addressed. ...


Tribunal failed to hear both sides before dismissing application. Unjust! Order set aside, matter remanded for fair decision

Case Laws     Insolvency and Bankruptcy

August 8, 2024

Application u/s 7 dismissed without arguments addressed. Tribunal failed to adhere to the principle of hearing both parties before condemning. Order set aside, matter remanded for decision after due process. Application u/ss 60(5), 65, and 75 dismissed pre-admission of Section 7 application. Precedents establish Section 65 filing post-Sections 7, 9, or 10 without admission. Tribunal's dismissal solely on pre-admission filing unjustified. Order overturned, matter referred back for lawful consideration. NCLAT referred to as Appellate Tribunal.

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