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2017 (12) TMI 1772 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIService of notice - appellant submitted that before treating the petition for winding up as am application under Section 9 of the I&B Code the respondent has not complied with the provisions of the I&B Code as no notice under sub-section (1) of Section 8 of the I&B Code was issued in Form 3 or 4 and the application has been admitted though there is existence of a dispute. HELD THAT:- In the present case as notice under sub-section (1) of Section 8 of I&B code has not been issued by the Respondent (operational creditor), we hold that the application preferred by the Respondent was incomplete. In this circumstances, we have no other option but to set aside the impugned order dated 28th July, 2017 passed by the National Company Law Tribunal, Chennai Bench, Chennai and declare that the application preferred by the Respondent under Section 433 of the Companies Act, 1956 stands abated. The order (s) passed by Ld. Adjudicating Authority appointing any ‘Interim Resolution Professional’ declaring moratorium, freezing of account and all other order (s) passed by Adjudicating Authority pursuant to impugned order and action, if any, taken by the ‘Resolution Professional’, including the advertisement, if any, published in the newspaper calling for applications all such orders and actions are declared illegal and are set aside. The application preferred by Respondent is dismissed - Adjudicating Authority will fix the fee of ‘Interim Resolution Professional ‘, and the appellant will pay the fees of the ‘Resolution Professional’, for the period he has functioned. Appeal allowed.
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