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2019 (11) TMI 773 - AT - Insolvency and BankruptcyAdmissibility for appeal - initiation of CIRP - Corporate Debtor failed to pay outstanding debt - Section 9 of the Insolvency and Bankruptcy Code, 2016 - principles of natural justice - HELD THAT:- The Respondent – ‘Corporate Debtor’ has also not disputed that no notice was issued or served by ‘Operational Creditor’ or the Adjudicating Authority before admission of the application under Section 9. The impugned order also shows that the ex-parte order was passed by the Adjudicating Authority. As the impugned order dated 6th March, 2019 has been passed in violation of the rules of ‘natural justice’, we set-aside the order - However, the matter is not remitted to the Adjudicating Authority as in the meantime the Appellant has settled the matter with the Respondent. However, this will not come in the way of the other creditors to move before appropriate Forum, if any amount is due from the ‘Corporate Debtor’. Appeal allowed.
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