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

August 8, 2024

Case Laws Insolvency and Bankruptcy AT

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.

View Source

← Previous Next →

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

August 8, 2024

Case Laws Insolvency and Bankruptcy AT

You may also like:

Impugned order suffers from non-application of mind, violation of principles of natural justice. Tribunal failed to consider grounds raised by petitioner for delay in...

Violation of principles of natural justice due to absence of appellant's counsel during proceedings. High Court noted counsel's absence on certain dates, but matter...

Validity of order if Initiation of CIRP - After the final hearing of the matter, ITAT reserved the order for passing - Thereafter, appellant prayed for recall the...

Waiver of pre-deposit - Application for early hearing - Can there be any ground for early hearing to be granted when the appellants/counsel for appellants, have them...

Seeking recall of order - It must be borne in mind that, if the Restoration Application preferred by the Party / Person is dismissed, at the threshold, then, there is a...

Rejection of application filed by the Appellant (Suspended Director) before the Adjudicating Authority - Challenging the authority of another director's actions and...

Jurisdiction of the Bench to Hear the application of Rectification of Mistake - recall of the entire order - an application for rectification of a mistake u/s129B (2) of...

Benami transactions - matter was heard by one authority and the judgment was pronounced by another authority - A writ is maintainable when there is a right. In the...

ITAT dismissed taxpayer's appeal due to procedural deficiencies. Appeal involved 125-day delay without any condonation application being filed. Taxpayer failed to appear...

Appellate Tribunal set aside orders denying remission of excise duty on indigenous goods and customs duty on imported goods destroyed in factory fire. Tribunal found no...

Bench Reconstitution and Order Pronouncement - Whether an order reserved by a bench could be pronounced by a reconstituted bench without considering a subsequent...

Seeking recall of order - It is the appellant who had filed the early hearing application and, therefore, it was the duty of the applicant to follow the dates on which...

The Appellate Tribunal dismissed the appeal, holding that there was no infirmity in the Adjudicating Authority's order rejecting the application to set aside the...

Power of Tribunal to dismiss the Appeals for want of prosecution - Even if the assessee could not appear, the Tribunal should decided the appeal on merits, ex parte,...

Proceedings in NCLT - part physical and part virtual hearing - infringement of Fundamental Rights - if the Tribunal wants to go for physical hearing of any particular...

Quick Updates: