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2021 (4) TMI 813 - AT - Insolvency and BankruptcyMaintainability of application - petition filed under Section 9 of the Code before the commencement of the Code - treated as a valid authorisation or not - opportunity to rectify the defects as per proviso to Section 9 (5) (ii)(a) of the Code to be provided or not - HELD THAT:- In the instant case, it is found that the Adjudicating Authority has dismissed the Petition for want of proper Authorisation. However, the Adjudicating Authority has not considered providing an opportunity to the Applicant to rectify the defects. In contrast, proviso to Section 9(5)(ii)(a) of the Code makes it mandatory to provide an opportunity to the applicant for rectifying the defects of the application. In these circumstances, it can be held that the Adjudicating Authority has erred in dismissing the Application for want of Authorisation, without even providing an opportunity to rectify the defects in compliance with Section 9(5)(ii)(a) of the Code. The Adjudicating Authority is directed to decide the application afresh at the earliest - appeal allowed - decided in favor of appellant.
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