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2020 (11) TMI 968

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..... e was served upon the Corporate Debtor and even the impugned order does not speak of notice being issued by the Adjudicating Authority. However, since the order is an ex-parte, we deem it appropriate to allow learned counsel for the Appellants to withdraw the appeal with liberty to agitate the matter before the Adjudicating Authority. The appeal is disposed of as withdrawn giving liberty to Appell .....

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..... l Creditor under Section 7 of the I B Code. Having heard Ms. Neha Gupta, Advocate representing the Appellants for a while, we find that the Adjudicating Authority (National Company Law Tribunal) Indore Bench at Ahmedabad, Court-I has noticed in the impugned order dated 9th September, 2020 that the Financial Creditor had submitted before it that notice has been served on the Corporate Debtor thr .....

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..... in ex-parte without according opportunity to the Corporate Debtor of being heard. Appellants will be at liberty to demonstrate that no notice was served upon the Corporate Debtor before the impugned order came to be passed. The adjudicating Authority will be within its powers to have a relook at the impugned order if it is convinced that the notice had not been served on the Corporate Debtor befor .....

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