Appellate Tribunal set aside Adjudicating Authority's order ...

Tribunal overturns rejection of defective insolvency petition, mandates notice to rectify defects before dismissal.

Case Laws IBC

September 12, 2024

Appellate Tribunal set aside Adjudicating Authority's order rejecting Section 9 application as defective without issuing notice to rectify defects within seven days as mandated by proviso to Section 9(ii). Principles of natural justice violated by not providing opportunity of hearing before rejection. Tribunal relied on precedent holding Adjudicating Authority must allow rectification of defects before rejecting application. Section 9 application revived, appeal disposed of.

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Appellate Tribunal set aside Adjudicating Authority's order ...

Tribunal overturns rejection of defective insolvency petition, mandates notice to rectify defects before dismissal.

Case Laws IBC

September 12, 2024

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