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2021 (6) TMI 902 - AT - Insolvency and BankruptcyValidity of order of Adjudicating authority (NCLT) observations against the IRP to refer the matter to IBBI. - HELD THAT:- Adjudicating Authority proceeded on the basis that if the Admission Order has been put on the website, it was responsibility of the parties. Learned Counsel submits that even if it is said to be responsibility of the parties, and their Counsel, the IRP had no reason to check the website of the Adjudicating Authority if any such Application is filed or admitted. The parties to the Application were the Financial Creditor and the Corporate Debtor and the Admission Order had appointed the IRP. Unless the Order was communicated, he would not know. Section 7 (7) of IBC required the Adjudicating Authority to communicate Order of Admission to Financial Creditor & Corporate Debtor within 7 days. The Adjudicating Authority has not observed that the Registry had conveyed the Admission Order to the IRP. When this is so, it would not be appropriate to make IRP face reference as has been ordered. It appears to us that the observations and reference were uncalled for. Going through the Impugned Order, it relies more on uploading of the Order on website, rather than finding if or not the Order was actually communicated to parties and IRP. Admission Order para 11 even mentioned e-mail address of IRP. Communication could have been sent even on e-mail. For such reasons mentioned above, we set aside Paragraphs 24 and 25 of the Impugned Order. Appeal allowed.
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