Fairness in remand proceedings requires prior disclosure of new evidence before the adjudicating authority considers limitation under insolvency law.

The Supreme Court modified a remand order after the appellate tribunal had relied on a letter produced for the first time in appeal to hold that an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 was within limitation. Because the letter had not been placed before the adjudicating authority, the opposing party had no opportunity to address it at the initial stage. The remand was clarified to permit production of the letter before the adjudicating authority so that it could be considered in accordance with law, and the appeal was partly allowed.

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Issues: Whether the remand order required modification so as to permit the respondent to produce the letter dated 25 October 2019 before the adjudicating authority.

Analysis: The appeal arose from an order of remand made after the appellate tribunal had relied upon a letter produced for the first time in appeal to hold that the application under Section 7 of the Insolvency and Bankruptcy Code, 2016 was within limitation. As the letter had not been produced before the adjudicating authority, the opposite party had no to deal with it at the initial stage. The remand direction therefore required clarification to preserve fairness and to enable consideration of that material by the adjudicating authority in accordance with law.

Conclusion: The remand order was modified to permit production of the letter before the adjudicating authority, and the appeal was partly allowed.

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