https://www.taxtmi.com/caselaws?id=433157 Revival of insolvency proceedings was held unsustainable where the appellant was not given an effective opportunity of hearing. Although the record initially suggested presence when the matter was reserved, a later correction order showed that counsel was not actually present, so the order reviving the proceedings was passed without representation for the appellant. This was treated as a breach of audi alteram partem and the requirement of fair hearing in a matter affecting the corporate debtor's rights. The impugned order was set aside and the matter remanded to the Adjudicating Authority for fresh decision after hearing the appellant. en-us Thu, 19 Jan 2023 00:00:00 +0530 Mon, 23 Jan 2023 08:44:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=433157 Revival of insolvency proceedings was held unsustainable where the appellant was not given an effective opportunity of hearing. Although the record initially suggested presence when the matter was reserved, a later correction order showed that counsel was not actually present, so the order reviving the proceedings was passed without representation for the appellant. This was treated as a breach of audi alteram partem and the requirement of fair hearing in a matter affecting the corporate debtor's rights. The impugned order was set aside and the matter remanded to the Adjudicating Authority for fresh decision after hearing the appellant. Case-Laws Insolvency and Bankruptcy Thu, 19 Jan 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=433157