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2023 (2) TMI 279 - AT - Insolvency and BankruptcyPayment of fees to IRP - demand raised on the ground that the claim of the Appellant has not been admitted by the IRP and has been directed to pay entire fee of the IRP despite the fact that the member of the CoC are the Financial Creditors - if the claim of the Appellant (Operational Creditor) is not even taken into consideration by the IRP then on what ground the CoC is burdening the present Appellant with the Cost/Fee to be paid to the IRP? - HELD THAT:- The Adjudicating Authority has passed a cryptic order without taking into consideration the aforesaid facts and circumstances, even if, the Appellant who was the Respondent before it was not present. In such circumstances, it would be just and expedient if the impugned order is set aside and the matter is remanded back to take a decision afresh after giving an opportunity to the Appellant and taking into consideration the aforesaid facts and circumstances which we have been narrated on the basis of the record. The matter is remanded back to the Adjudicating Authority to decide the application, which is hereby restored, by passing speaking order after affording an opportunity of hearing - Appeal allowed by way of remand.
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