2023 (1) TMI 904 - AT - Insolvency & Bankruptcy
Service of order - listing of the application on the same day through email - before the application could have been decided, the impugned order was passed - opportunity for hearing not provided - violation of principle of audi alteram partem (principles of natural justice) - HELD THAT:- There is a total fallacy on the part of the Adjudicating Authority in passing the impugned order as it hits the salutary principle of audi alteram partem. The presence of the Appellant was shown in the order dated 01.09.2022 when the order was reserved and at the same time, the order of correction has been passed by the Adjudicating Authority when IA No. 4453 of 2022 was allowed on 22.09.2022 which means that the Appellant was not present when the matter was heard and order was reserved, therefore, there was no representation on behalf of the Appellant before the Adjudicating Authority so that the Appellant could have put forward its case against the admission of the application filed by the Respondent herein.
The impugned order is set aside. The matter is remanded back to the Adjudicating Authority to decide the application again after giving an opportunity of hearing to the Appellant - appeal allowed.