In Brief
Jord Engineers filed a civil appeal challenging the National Company Law Appellate Tribunal's order that dismissed an operational creditor's insolvency petition under Section 9 of the IBC 2016. The Tribunal initially rejected the petition because a lawyer (without formal position) served the demand notice. After a remand by the Supreme Court following the Macquarie Bank decision, the Appellate Tribunal reconsidered the matter but proceeded without affording Jord Engineers a hearing. The Supreme Court held that passing an order in the appellant's absence violated natural justice and procedural fairness, set aside the Appellate Tribunal's order, and remanded the matter for fresh consideration with proper notice and hearing to both parties."
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