Adjudicating Authority should recall u/s 11 in case orders were obtained through Fraud

Marvel Landmarks Pvt Ltd. Vs Jay Nihalani (NCLAT Delhi)

Conclusion: Since Corporate Debtor took undue advantage of the absence of the allottees and misrepresented the correct facts causing miscarriage of justice, Adjudicating Authority did not commit any mistake in holding that the order was passed only on the submissions of the Corporate Debtor without getting into the merits of the matter. Since, the order was not on merits and was passed without hearing the present Respondents, the Adjudicating Authority was justified in recalling the order and restored the Comp

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