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TMI Blog2021 (4) TMI 688X X X X Extracts X X X X X X X X Extracts X X X X ..... d fact that the Appellant before the Adjudicating Authority is a guarantor of Agnipa Energo Private Limited whose Petition is already pending before the Adjudicating Authority. Therefore, the Order setting the Appellant herein ex-parte is set aside. Though the Adjudicating Authority had the power to set aside an ex-parte Order provided, it is satisfied that there was sufficient cause with respect to service of Notice, as provided in Rule 49(2) of the NCLT Rules, 2016, it is noted that the Appellant herein is silent about the service of Notice which was affected upon them by e-mail. Hence, it a fit case to impose costs of ₹ 25,000/- on the Appellant to be paid to the Respondent before the next date of Hearing. Appeal allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appellant returnable on 25.02.2020; on 25.02.2020 the Adjudicating Authority observed that the Notice sent to the Appellant, had returned with an endorsement insufficient address and directed issuance of fresh Notice and also directed the Respondent to serve copy of the same upon the Appellant and the matter was posted for Hearing on 18.03.2020. While so, on 15.03.2020, the Adjudicating Authority had directed that apart from matters which require urgent Hearing, it would not take up matters listed from 16.03.2020 to 27.03.2020 on account of the Covid situation; the Appellant became aware of the pendency of the Section 7 Application only when the Counsel came across the same on the website; the Appellant was proceeded ex-parte on 18.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r and filing brief Written Submissions in support of their arguments and that the Appellant was aware of the fact that Section 7 Application was listed on 18.03.2020 but did not chose to appear and therefore the Learned Adjudicating Authority has rightly passed the ex-parte Order. Assessment: 6. The Learned Counsel for the Appellant drew our attention to the Notice dated 15.03.2020 whereby the Learned Adjudicating Authority had noted that the matters listed from 16.03.2020 to 27.03.2020 would be adjourned except for those which required urgent Hearing on a request made by the concerned parties. 7. Annexure-3 is the postal receipt and postal track report filed as proof of service on the Corporate Debtor in compliance with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nexed as Annexure IAB.1 at page 283 of the Section 7 petition. Hence, the contention of the applicant that notice was not served upon the applicant is correct. 12. After perusal of the records, finding that there was no response at all from the side of the present applicant even after service of notice at the address recorded in the applicant Company Master Data, this Tribunal admitted the main Company Petition being CP (IB) NO.04/GB/2020 by passing an ex-parte Order on 18.03.2020. 13. It is pertinent to mention here that the CD has conveniently omitted to deal with the receipt of the notice sent by the FC to the email of the CD to suit their convenience. As per law laid down by the Hon ble Supreme Court as well as by various ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it. 10. From the aforenoted Order dated 18.03.2020 reproduced in Para 7, it is evident that no Order of Admission has been passed and it was only an Order setting the Appellant herein ex-parte. 11. Having regard to the fact that 18.03.2020 falls during the Covid-19 period and the restrictions imposed by the Government read together with the Notice issued by the Learned Adjudicating Authority on 15.03.2020 that matters posted during the period 16.03.2020 to 27.03.2020 would be adjourned, except for urgent matters, keeping in view Principles of Natural Justice, we are of the considered opinion that an opportunity may be given to the Appellant herein to file his Reply and take part in the proceedings. Further, it is an admitted fact t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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