TMI Blog2017 (11) TMI 699X X X X Extracts X X X X X X X X Extracts X X X X ..... ofessional' or declaring moratorium, freezing the account and all other order(s) passed by Adjudicating Authority pursuant to impugned order dated 28th April, 2017 and action, if any, taken by the 'Interim Resolution Professional', including the advertisement, if any, published in the newspaper calling for applications etc. and all such orders and actions are declared illegal and are set aside. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Swaroop George, Advocate For The Financial Creditor : Shri Pankaj Jam, Advocate ORDER An application for condonation of delay has been preferred by the appellant. It is stated that the impugned order dated 28th April, 2017 was passed without notice to the appellant-'Corporate Debtor', no copy of the order was made available by the Adjudicating Authority (National ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order was passed without notice to the appellant-'Corporate Debtor' in violation of the rules of natural justice. 4. For the reasons aforesaid, while we hold that the appeal is within the time i.e. within 30 days from the date of knowledge, the impugned order dated 28th April, 2017 having passed in violation of rules of natural justice is set aside. 5. In effect, order(s), i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iate effect. 6. Learned Adjudicating Authority will fix the fee of 'Interim Resolution Professional', if appointed, and the appellant will pay the fees of the 'Interim Resolution Professional', for the period he has functioned as per their settlements. The appeal is allowed with the aforesaid observations and directions. However, in the facts and circumstances of the case, there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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