TMI Blog2019 (11) TMI 773X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wal, Shareholder of M/s Welcome Distilleries Private Limited ( Corporate Debtor ) has challenged the order dated 6th March, 2019, whereby the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench admitted the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (I B Code) preferred by Raj Process Equipments and Systems Pvt. Ltd. ( Operational Creditor ). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 9. The impugned order also shows that the ex-parte order was passed by the Adjudicating Authority. 7. In the circumstances, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Board of Directors from immediate effect. 9. So far as the fee and cost of the Resolution Professional is concerned, the Adjudicating Authority will decide the fee and cost incurred by the Resolution Professional , which will be paid by the Corporate Debtor within two weeks from the date of the decision. 10. The appeal is allowed with aforesaid observations a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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