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International Recreation & Amusement Ltd. Versus S.R. Construction

2017 (11) TMI 699 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI

Adjudicating Authority appointing any 'Interim Resolution Professional' or declaring moratorium, freezing the account - condonation of delay - Held that:- Order(s), if any, passed by learned Adjudicating Authority appointing any 'Interim Resolution P .....

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ertisement, if any, published in the newspaper calling for applications etc. and all such orders and actions are declared illegal and are set aside. The application preferred by the respondent under Section 9 of the I&B Code, 2016 is dismissed. Learn .....

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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 obs .....

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te 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 ava .....

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ofessional' on 20th July, 2017 and preferred the appeal on 26th July, 2017. 2. On notice, learned counsel for the respondent-'Operational Creditor' has appeared and not disputed the aforesaid fact. Learned counsel for the respondent furth .....

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the 'Interim Resolution Professional'. However, it has not been disputed that the impugned order was passed without notice to the appellant-'Corporate Debtor' in violation of the rules of natural justice. 4. For the reasons aforesaid .....

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y learned Adjudicating Authority appointing any 'Interim Resolution Professional' or declaring moratorium, freezing the account and all other order(s) passed by Adjudicating Authority pursuant to impugned order dated 28th April, 2017 and acti .....

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