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2019 (1) TMI 28 - AT - Insolvency and BankruptcyCorporate insolvency process - Orders passed by the Adjudicating Authority were ex-parte - Adjudicating Authority did not serve Notice on the Corporate Debtor and violated principles of Natural Justice - whether we should send back the matter for want of such procedure being followed by the Adjudicating Authority? - Held that:- Looking to the admitted facts in this matter and where we find that there is no dispute regarding the amount due and as we find that the Appellant is unable to demonstrate that before Section 8 Notice was issued any dispute existed, we find no propriety in sending back this matter to the NCLT. The Appellant in spite of having Notice and knowledge of the proceeding cannot sit on the hedge to take advantage of the technical requirement of Adjudicating Authority sending a Notice through its mechanism. The Appellant had sufficient Notice and still chose not to appear before the Adjudicating Authority. We do not find that remitting back the matter will serve any purpose. The application has been rightly admitted by Adjudicating Authority. 8
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