https://www.taxtmi.com/caselaws?id=403309 The Appellate Tribunal set aside the Adjudicating Authority's decision to dismiss the application for initiation of Corporate Insolvency Resolution Process due to technical defects. The Tribunal found that the main reason for dismissal was the absence of signatures in the prescribed format and notarization, emphasizing that incompleteness differs from non-maintainability. Referring to the Insolvency and Bankruptcy Code, the Tribunal highlighted the Authority's obligation to allow rectification of defects before making a decision. The matter was remitted back to the Authority for the Appellant to address the technical issues, emphasizing the need to provide opportunities for rectification before dismissing applications. en-us Fri, 22 Jan 2021 00:00:00 +0530 Mon, 25 Jan 2021 10:50:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=403309 The Appellate Tribunal set aside the Adjudicating Authority's decision to dismiss the application for initiation of Corporate Insolvency Resolution Process due to technical defects. The Tribunal found that the main reason for dismissal was the absence of signatures in the prescribed format and notarization, emphasizing that incompleteness differs from non-maintainability. Referring to the Insolvency and Bankruptcy Code, the Tribunal highlighted the Authority's obligation to allow rectification of defects before making a decision. The matter was remitted back to the Authority for the Appellant to address the technical issues, emphasizing the need to provide opportunities for rectification before dismissing applications. Case-Laws Insolvency and Bankruptcy Fri, 22 Jan 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=403309