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Insolvency and BankruptcyAugust 30, 2024Case LawsAT
The Appellate Tribunal examined the objections raised by the Personal Guarantors regarding the violation of principles of natural justice and the locus standi of the Resolution Professional (RP) to file the application. The Tribunal held that while principles of natural justice are applicable in proceedings u/s 95, the Supreme Court has ruled that the Adjudicating Authority's role cannot be held applicable at the stage of Section 97(5), i.e., when the RP has been appointed. The Appellants failed to implead the RP in their appeal challenging the RP's appointment, and cannot now claim that the RP lacks locus standi. The RP cannot be precluded from submitting its report as per the Supreme Court's judgment, and the Adjudicating Authority must consider all objections raised by the Appellants during the Section 100 hearing. The Tribunal's previous order cannot be interpreted as excluding the applicability of the Supreme Court's judgment. The Adjudicating Authority may proceed with the Section 95 proceedings as per the law.
The Appellate Tribunal examined the objections raised by the Personal Guarantors regarding the violation of principles of natural justice and the locus standi of the Resolution Professional (RP) to file the application. The Tribunal held that while principles of natural justice are applicable in proceedings u/s 95, the Supreme Court has ruled that the Adjudicating Authority's role cannot be held applicable at the stage of Section 97(5), i.e., when the RP has been appointed. The Appellants failed to implead the RP in their appeal challenging the RP's appointment, and cannot now claim that the RP lacks locus standi. The RP cannot be precluded from submitting its report as per the Supreme Court's judgment, and the Adjudicating Authority must consider all objections raised by the Appellants during the Section 100 hearing. The Tribunal's previous order cannot be interpreted as excluding the applicability of the Supreme Court's judgment. The Adjudicating Authority may proceed with the Section 95 proceedings as per the law.
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