NCLAT : In Rajesh Arora vs. Sanjay Kumar Jaiswal

Adjudicating Authority passed exparte order without notice to the ‘Corporate Debtor’ is in violation of rules of Natural Justice.

The order by Adjudicating Authority states that “The Tribunal is constrained to proceed with the matter exparte in relation to the Corporate Debtor since the section 8 notice and the present application duly served on the Corporate Debtor and proof of service along with service affidavit is filed by the applicant making the service complete.”

The Appellate Authority observed that the impugned order dated 8th October, 2018 was passed by the Adjudicating Authority without notice to the ‘Corporate Debtor’ in violation of rules of Natural Justice and thus we set aside the impugned order.

Link : https://nclat.nic.in/Useradmin/upload/9096771385be50ffcad289.pdf