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TMI Blog2021 (6) TMI 485X X X X Extracts X X X X X X X X Extracts X X X X ..... ces, under directions issued by this office. However on two occasions notices are stated to have been served. While it is noted that the operational debt is owed to the Petitioner Operational Creditor, and the Respondent cannot be allowed to thwart these proceedings by remaining absent, we still consider it necessary to allow time to the Petitioner to place on record all such evidence with regard to service of notice on the key managerial personnel of the respondent company, their being available, the status of the company etc. such that the ordering of CIRP would be a meaningful exercise. Petition disposed off. - C. P. (IB) No. 171/BB/2020 - - - Dated:- 6-4-2021 - Rajeswara Rao Vittanala, Member (J) And Ashutosh Chandra, Member ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dishonoured. Further, the Corporate Debtor communicated that settlement would be made. Since the said settlement as agreed was not made, a legal notice was served. The legal notice was not responded to and hence a Demand Notice in Form 3 was served. Since the same was not responded to and the current application is filed. 4. The case was listed on various dates viz., 18.06.2020, 03.07.2020, 20.07.2020, 13.08.2020, 14.09.2020, 18.09.2020, 05.01.2021, 17.02.2021, 05.03.2021, and 19.03.2021 and the same was adjourned on the above dates on the request of parties as the Petitioner was unable to trace out the Corporate Debtor and serve notices upon him and none appeared on behalf of the Respondent on any of the above dates. Notices were again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Code. It is seen that on many occasions the notices were not served upon the Respondent. Notices issued by this office on the Corporate Debtor and its MD were returned as no one was found at the address. Several attempts were made by the Respondent to serve notices, under directions issued by this office. However on two occasions notices are stated to have been served. 8. On the last date of hearing the Ld. Counsel for the Petitioner pleaded for more time as the Sr. Counsel could not travel to Bangalore for the hearing. We would not like to take a decision with regard to ordering CIRP unless the Petitioner makes out a clear case to the effect that the Respondent's key management personnel are available, have been physically s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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