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2017 (11) TMI 944 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICorporate Insolvency Resolution Process - Held that:- We find that the application under Section 433(e)(f) read with Sections 433(i)(a) and 439(i)(b) of the Companies Act, 1956, which was transferred to the Adjudicating Authority was not complete before treating it as an application under Section 9 of the ‘I&B Code’ and admitting the case, we hold that the application was fit to be rejected. The Adjudicating Authority having failed to notice the same, we set aside the impugned order dated 16th August, 2017. In effect, order (s), if any, passed by Ld. Adjudicating Authority appointing ‘Interim Resolution Professional’, declaring moratorium, freezing of account, if any, and all other order (s) passed by Adjudicating Authority pursuant to impugned order and action, if any, taken by the ‘Interim 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 under Section 9 of the I&B Code, 2016 is dismissed.
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