9911796707
TMI Blog2021 (2) TMI 887X X X X Extracts X X X X X X X X Extracts X X X X ..... echnical) Learned Counsel Mr. Akshat Agarwal appeared for the Applicants RP Mr. Sajjan kumar Dokania appeared. Learned Counsel Mr. Harshil Patel on behalf of the Learned Counsel Mr. L.M. Patel appeared for the Financial Creditor. ORDER This instant application is filed under Section 60(5) of the Insolvency & Bankruptcy Code, 2016 r.w. Rule 11 of the National Company Law Tribunal Rules, 2016 (h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o effect paper publication in the newspaper. 06.12.2019 06.12.2019 Despite paper publication no one appeared for the CD. The matter was fixed for final hearing. 17.01.2020 17.01.2020 Again no one appeared for the CD. The matter was fixed for final hearing 28.02.2020 28.02.2020 No one appeared for the CD, hence, the matter was fixed for final hearing as Ex- parte. 27.03.2020 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16 initiating under Corporate Insolvency Resolution Process (CIRP) was passed on 09.09.2020. The Applicant preferred an appeal against such Ex-parte order before the Hon'ble NCLAT in Company Appeal (AT) (Insolvency) No. 941 of 2020. The Hon'ble NCLAT by order dated 02.11.2020 permitted the Applicant to withdraw its Appeal with a liberty to raise issue of non-service of notice of hearing be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IRP) has already been set in motion. During the course of hearing the Learned Counsel for the Applicant argued that the matter should be disposed of after giving an adequate opportunity. We are not in dispute with this proposition of law but the law also says that one should be aware of its responsibilities and must take necessary precaution so that such situation does not arise. Even assuming for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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