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TMI Blog2020 (5) TMI 719X X X X Extracts X X X X X X X X Extracts X X X X ..... B) No. 374/7/HDB/2019 was passed by this Adjudicating Authority, which is an appealable order under the provisions of the Code, whether this Adjudicating Authority has powers to recall and set aside the same? - It is opined that this Adjudicating Authority has no such powers under the provisions of the Code. Since the Order of Admission of the CP is an appealable order, the powers of Appellate Authority cannot be circumvented by recalling our own order. Application disposed off as not maintainable. - IA Nos. 900 and 901/2020 in CP(IB) No. 374/7/HDB/2019 - - - Dated:- 26-5-2020 - K. Anantha Padmanabha Swamy, Member (J) and Dr. Binod Kumar Sinha, Member (T) ORDER K. Anantha Padmanabha Swamy, Member (J) 1. The instant Appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otice sent earlier to the Corporate Debtor was returned unserved. He was directed to send another notice and make a paper publication by way of notice to the Respondent for appearance and was also directed to send notice to the Director of the Respondent Company and the matter was adjourned to 18.07.2019. d. That during the hearing held on 18.07.2019, one Mr. Sunil, Director of the Corporate Debtor (who is also the deponent, in the instant application) appeared and prayed time for engaging a Counsel and for filing the counter affidavit. At his request, matter was adjourned to 08.08.2019. e. During the hearing held on 08.08.2019, this Adjudicating Authority observed that there was no representation on behalf of the Respondent. It was f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted for the first time. Thereafter, Corporate Debtor approached the Financial Creditor for settling the dispute amicably. However, meanwhile this Adjudicating Authority set the Corporate Debtor ex-parte on 08.08.2019 and adjourned the matter to 26.08.2019 for hearing submissions. e. That the Corporate Debtor engaged one Mr. K. Krishna Kishore, Advocate to appear on its behalf. That upon enquiry it was informed to the Applicant that the said Advocate could not appear before this Adjudicating Authority on 08.08.2019, as he was suffering with viral fever. f. Subsequently, after admission of CP, upon legal advice the Applicant was told that he can file an Application before this Adjudicating Authority for setting aside the Ex-parte order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istry to prepare the notice and the Financial Creditor was directed to collect the same and serve on the Corporate Debtor and file proof of service and accordingly matter was adjourned to 01.07.2019. That the Financial Creditor filed Memo stating that the notice sent to the Corporate Debtor was unserved and filed the unserved cover. b. That this Adjudicating Authority ordered to send another notice to the Corporate Debtor for appearance and further directed to make a paper publication by way of notice to the Corporate Debtor for appearance and file proof of service. That on 08.08.2019, this Adjudicating Authority held as under Counsel for the Petitioner present. No representation on behalf of the Respondent. As seen the Order dated 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion shall be raised at the first instance and in the present case, the Corporate Debtor has not raised the issue relating to lack of jurisdiction and it is deemed to waived its right to raise the jurisdiction issue at this belated stage. h. That there are no merits in the present Applications and they deserve no consideration. i. Reiterating above, the counsel for Financial Creditor prayed to dismiss the instant Applications. 8. That a Writ Petition was filed before the Hon'ble High Court of Telangana and an Order of stay was passed vide IA No. 1 of 2019 in CRP No. 2508/2019 which was subsequently withdrawn by the Applicant on 06.12.2019. 9. Heard both the sides and perused the record. 10. It is the contention of the Corp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of jurisdiction referring to the change of address of the Corporate Debtor to Andhra Pradesh. 15. The fact of change in the Registered Office of the Corporate Debtor from the State of Telangana to the State of Andhra Pradesh was not brought to the notice of this Adjudicating Authority at any point of time during the proceedings. If any information regarding change of address was submitted by way of counter affidavit, this Adjudicating Authority would have definitely considered the same before passing any orders. 16. Though the fact of the Registered Office of the Corporate Debtor being situated at Kurnool, Andhra Pradesh, is now brought on record, we feel it is not proper to consider at this stage, the prayer to set-aside the order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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