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2017 (11) TMI 1945 - AT - Insolvency and BankruptcyTransfer of the proceedings from the Hon'ble High Court to the Adjudicating Authority - notice for such transfer issued or not - HELD THAT?:- Admittedly, no notice was issued under sub-section (1) of Section 8 of the 'I & B Code'. In terms with Rule 5, other informations were also not placed before the Adjudicating Authority. The Respondent having failed to provide all the details as required under Form-5 as noticed above, the application under sections 433 and 434 of the Companies Act, 1956 cannot be treated to be an application under section 9 of the 'I & B Code' in terms of Rule 5 of Transfer Rules, 2016. In such circumstances, in view of proviso to Rule 5 of the Transfer Rules, the application under Sections 433 and 434 of the Companies Act, 1956 stands abated.
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