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TMI Blog2019 (3) TMI 591X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant has preferred the instant appeal. 3. Mr. Kapil Sibal, learned senior counsel appearing on behalf of the appellant, assiduously urged that the appellant's right to be heard, audi alteram partem, one of the principles of natural justice, has been violated in as much as the appellant has neither been served with notice of appeal before the NCLAT nor been given a hearing before it. The learned senior counsel further submitted that the impugned order passed by the NCLAT is contrary to law as it failed to comply with the procedure laid down under the NCLAT Rules, 2016 ["NCLAT Rules"], specifically Rule 48, which clearly provides that pursuant to issuance of notice by the NCLAT, the copy of the appeal and documents filed therewith, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd remit the matter to the Adjudicating Authority, Kolkata Bench, Kolkata with direction to admit the application under Section 7. Before such admission, intimation to be given to the 'Corporate Debtor', but no further hearing is required to be given to any person, this Appellate Tribunal having heard all the parties and having held that it is a fit case for admission." (emphasis supplied) 6. It is to be noted that in the rejoinder affidavit before us the appellant has submitted that, pursuant to issuance of notice vide order dated 02.01.2019, neither did respondent no. 1 file process fee for issuance of summons in terms of the said order, nor was the same served upon the appellant. Thus the judgment which was reserved on 08.01.2019 by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the Registry', the details regarding completion of service of notice on the respondents, such as date of issue of notice, date of service, date of return of notice, if unserved, steps taken for issuing fresh notice and date of completion of services etc." 10. However, it is pertinent to note that the material placed before us do not indicate that the aforementioned stipulation has been complied with. As per the rejoinder affidavit filed on behalf of the appellant, the counsel for the appellant had undertaken a search of the register of process fee and summons, and the concerned file in the office of the NCLAT on 28.02.2019. However, no record of respondent no. 1 having paid the process fee for issuance and service of notice to the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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