2023 (2) TMI 377 - AT - Insolvency & Bankruptcy

Violation of principles of natural justice - It is the case of the Appellant that the Adjudicating Authority erred in passing the impugned order ex-parte without hearing him and without giving any opportunity to defend his case - institution of criminal prosecution against various parties i.e including Appellant herein - Outstanding and payable dues or not.

Denial of Opportunity of Being Heard/ Ex-parte Order - HELD THAT:- This Appellate Tribunal do not find any error in the impugned order and find that adequate opportunities were made available to the Appellant who has chosen not to respond or defend his case and this cannot be ground of not being heard.

Dues Outstanding & Payable or not - HELD THAT:- After detailed examination and recording reasons, the Adjudicating Authority came to conclusions that the transactions are covered under Section 66 of the I & B Code, 2016 and therefore, gave directions for recovery of money from all the Respondents therein including the Appellant herein and in addition to institute a criminal prosecutions against the Respondent therein including Appellant herein under Section 69 of the I & B Code, 2016 - there are no error in the impugned order on this account and the Appellant could not establish that Rs. 23 lakhs were indeed paid by him to the Corporate Debtor.

This Appellate Tribunal is of the considered opinion that there is no error in the impugned order dated 13.12.2021 passed by the Adjudicating Authority - Appeal is devoid of any merit is therefore dismissed.