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TMI Blog2020 (12) TMI 1260X X X X Extracts X X X X X X X X Extracts X X X X ..... ustainable and accordingly stands rejected. Application for setting aside the order of admission is dismissed. - IA No.45 of 2020 IN C.P. (IB)No.04/GB/2020 - - - Dated:- 9-12-2020 - Hon ble Shri H. V. Subba Rao, Member (J) And Hon ble Shri Prasanta Kumar Mohanty, Member (T) ORDER Per se: Shri H. V. Subba Rao, Member (J) This IA has been filed by applicant - AKJ Fincap Ltd., the respondent in the Original Application CP (IB) No.04/GB/2020 filed under Section 7 of the IBC by the FC -Bank of India and admitted by this Adjudicating Authority, with a request to issue show-cause notice to the FC as to why the ex-parte Order dated 18.03.2020 passed by this Tribunal admitting the Application filed u/s 7 of the IBC should no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e by NCLT dated 15.03.2020, this Bench will not take regular matter until and unless there is any urgency. Accordingly, the petitioner decided to contact his local counsel at Guwahati but only able to contact him on 18.03.2020 evening. After getting all information, on 20.03.2020 he informed the petitioner about the ex-parte order passed by this Bench. 5. It is submitted that due to Covid-19 Pandemic all institutions and offices were closed and the petitioner after coming to know obtained the copy of the notice of this Bench dated 15.03.2020 from website, in which it is clearly mentioned that ALL NCLT Benches may take up matter which require urgent hearings on request made by the concerned parties. To rest of the matters, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no one should be condemned unheard and the same principle is enunciated in the legal maxim Audi Alterem Partem and as such, in that view of the matter if the ex-parte order dated 18.03.2020, passed by this Bench in the aforesaid matter is not set aside, the same would amount to violation of Principle of Natural Justice upon the edifice on which the administration of justice rests. The Principle of Natural Justice is conterminous with right of hearing and the same is a basis Principle of Natural Justice. Hence, the ex-parte order dated 18.03.2020, passed in the aforesaid matter by this Bench is ought to be set aside / vacated and the petitioner / CD may be afforded a fair chance to contest / defend the case. 9. In this context, it is s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etition. Hence, the contention of the applicant that notice was not served upon the applicant is not 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 High Courts, service of notice to email and/or whatsapp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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