9911796707
TMI Blog2021 (2) TMI 887X X X X Extracts X X X X X X X X Extracts X X X X ..... The Corporate Insolvency Resolution Process (CIRP) 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 a moment that notice of hearing was served on the Applicant, however, no useful purpose would be serve and it will prolonged the litigation, if such Ex-parte order is set aside as there is no case of the Applicant on merits - We are constraint to said this kind of frvioulous litigation as resulted into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 08.08.2019 Notice was issued to the Corporate Debtor 05.09.2019 05.09.2019 Proof of service of notice is filed by the FC, no one appeared for the CD. 09.10.2019 09.10.2019 The matter was adjourned. 07.11.2019 07.11.2019 No one appeared for the CD and FC were directed to 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 appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on'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 before this Adjudicating Authority and also directed this Authority to re-look at the issue and, if convienced, then suitable order may be passed after giving an opportunity of hearing to the Corporate Debtor (Applicant). 4. We heard the Corporate Debtor-applicant on this application accordingly. However, the Applicant could not produce any material on record to justify its claim for setting aside the Exparte order. Further, it is evident from the conduct of the Applicant that since beginning they remained absent and did not participating at all whish shows that the Applicant was nev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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