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2019 (4) TMI 1728 - HC - Insolvency and BankruptcyPrincipal of natural justice - Petition filed for arbitration as well as insolvency - proceeding u/s 9 of the I&B Code, 2016 and application u/s 8 of the Arbitration and Conciliation Act, 1996 - only one heard and disposed off other dismissed - HELD THAT:- Perusal of the submissions recorded in para 8 of the impugned order it is evident that arguments of learned counsel for the petitioner has only been heard by the Tribunal only on the application under Section 8 of the Act, 1996. However, the corporate insolvency resolution process initiated against the respondent under Section 9 of the Code itself has been dismissed. In other words, the impugned order has been passed in violation of principles of natural justice inasmuch as the petitioner was not afforded an opportunity of hearing with regard to merits of the claim of the petitioner under Section 9 of the Code. Therefore, it is not necessary for this court to examine the rival contentions made on both the sides. The impugned order is hereby quashed. The tribunal is directed to decide the application preferred by the respondent under Section 8 of the Act as well as issue with regard to entertaining the proceeding under Section 9 of the Code by a speaking order after affording an opportunity of hearing to both the parties, expeditiously, preferably within a period of six weeks from today.
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