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Validity of order if Initiation of CIRP - After the final ...


Order Reserved, Appeal Dismissed: New Facts Insufficient to Prevent Corporate Insolvency Resolution Process Initiation.

November 3, 2023

Case Laws     Insolvency and Bankruptcy     AT

Validity of order if Initiation of CIRP - After the final hearing of the matter, ITAT reserved the order for passing - Thereafter, appellant prayed for recall the reserved order and re-hear the matter on the basis of new facts - Since in the facts of the present case, a debt has arisen which is due and payable by the Corporate Debtor and a default has occurred, admission of Section 7 application cannot be obfuscated by raising technical pleas and that too after hearing in the main petition stood concluded and matter was reserved for hearing. - Appeal dismissed - AT

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