Corporate insolvency resolution process amended with expanded disclosure, guarantor asset transfer rules, and new dissolution and restoration procedur...
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A Tribunal cannot condition remand for breach of natural justice on payment of costs so that default automatically validates an invalid ex parte appellate order. Although it may impose ordinary procedural costs, its discretion cannot defeat the statutory right of appeal or make the remedy illusory; the automatic-confirmation clause was quashed and the appeal restored unconditionally for merits adjudication. A first appellate authority must issue a speaking order stating the points for determination, decision and reasons; the non-speaking ex parte order was void. For the unsecured-loan addition, banking and corporate records required proper factual evaluation, and general third-party reports without independent inquiry were insufficient; the issue was remanded for fresh adjudication.
A Tribunal cannot condition remand for breach of natural justice on payment of costs so that default automatically validates an invalid ex parte appellate order. Although it may impose ordinary procedural costs, its discretion cannot defeat the statutory right of appeal or make the remedy illusory; the automatic-confirmation clause was quashed and the appeal restored unconditionally for merits adjudication. A first appellate authority must issue a speaking order stating the points for determination, decision and reasons; the non-speaking ex parte order was void. For the unsecured-loan addition, banking and corporate records required proper factual evaluation, and general third-party reports without independent inquiry were insufficient; the issue was remanded for fresh adjudication.
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