The Adjudicating Authority erred by dismissing the Section 95 ...

Corporate Insolvency Dispute: Court Overrules Premature Dismissal, Orders Resolution Process.

Case Laws     IBC

November 13, 2024

The Adjudicating Authority erred by dismissing the Section 95 application without appointing a Resolution Professional and following the statutory process under the Insolvency and Bankruptcy Code. The principle of waiver is inapplicable as the Appellant did not consciously abandon any existing legal right. The Adjudicating Authority lacks jurisdiction to consider objections on the merits of the Section 95 application before appointing a Resolution Professional, as clarified by the Supreme Court in Dilip B. Jiwrajka's case. The order dismissing the Section 95 application is set aside, and the appeal is allowed.

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