The case involves an appeal against the admission of an application under Section 9 of the Insolvency & Bankruptcy Code, 2016 ('I&B Code') against a 'Corporate Debtor'. The Adjudicating Authority (National Company Law Tribunal) admitted the application without evidence of proper notice to the 'Corporate Debtor'. The 'Operational Creditor' agreed to reinitiate proceedings with a fresh notice.
An application under Section 9 of the Insolvency & Bankruptcy Code, 2016 was admitted against a 'Corporate Debtor' by the Adjudicating Authority (National Company Law Tribunal). The appellant, A.Murlidharan, challenged this admission. A key fact is that there was no evidence on record to suggest that the 'Corporate Debtor' received the required notice before the application was admitted. The 'Operational Creditor' acknowledged this procedural defect and agreed to reinitiate the proceedings with a fresh notice under Section 8(1) of the I&B Code. The address of the 'Corporate Debtor' was also a point of consideration for service of notice.
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The case involves an appeal against the admission of an application under Section 9 of the Insolvency & Bankruptcy Code, 2016 ('I&B Code') against a 'Corporate Debtor'. The Adjudicating Authority (National Company Law Tribunal) admitted the application without evidence of proper notice to the 'Corporate Debtor'. The 'Operational Creditor' agreed to reinitiate proceedings with a fresh notice.
An application under Section 9 of the Insolvency & Bankruptcy Code, 2016 was admitted against a 'Corporate Debtor' by the Adjudicating Authority (National Company Law Tribunal). The appellant, A.Murlidharan, challenged this admission. A key fact is that there was no evidence on record to suggest that the 'Corporate Debtor' received the required notice before the application was admitted. The 'Operational Creditor' acknowledged this procedural defect and agreed to reinitiate the proceedings with a fresh notice under Section 8(1) of the I&B Code. The address of the 'Corporate Debtor' was also a point of consideration for service of notice.
Date of the impugned…
Date of the order by…