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2022 (5) TMI 20 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAI BENCHFiling of fresh Company Petition in accordance with the provisions of the code instead giving liberty to resume the CIRP against the Corporate Debtor - whether the Adjudicating Authority’s decision in directing that failing to adhere to terms and conditions of one time settlement, the Appellant Bank is entitled to file fresh Company Petition is justifiable? - non-application of mind - violation of principles of natural justice - HELD THAT:- This Tribunal comes to a resultant conclusion that the Adjudicating Authority in the impugned order dated 17.08.2020 in I.A. No. 273 of 2020 in CP 199 of 2018 with regard to sub para 4 of para 9 of the impugned order regarding the observation/liberty to file a fresh Company Petition by the Appellant Bank is erroneous and without application of mind and without following the Principles of Natural Justice and not adhering to the decision of this Tribunal being the Appellate Authority, is hereby quashed and set aside. Appeal allowed.
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