2022 (6) TMI 388

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..... thereof, respondent of the appeal appeared but nobody appeared on behalf of the appellant. Fresh notice was issued on which, the Appellate Tribunal received postal endorsement to the effect that the appellant had left the given address. Thus, notice could not be delivered to the appellant. It appears just and proper that while setting aside the impugned order dated 09.07.2018, the matter be again restored to the file of the Appellate Tribunal for decision afresh and on merits.
Hon'ble Mr. Justice Dinesh Maheshwari And Hon'ble Mr. Justice Aniruddha Bose For the Appellant(s) : Mr. Arvind Kumar Gupta, Adv. And Mr. Ravindra Sadanand Chingale, AOR For the Respondent(s) : Mr. Amir Arsiwala, Adv., Mr. Arvind Gupta, AOR, Mr. Dhaval Des .....

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..... the matter to the Appellate Tribunal in view of the decision in the case of Macquarie Bank Limited v. Shilpi Cable Technologies Limited: (2018) 2 SCC 674, wherein it was held that a notice on behalf of the operational creditor by a lawyer would be in order. However, fact of the matter remains that the said order dated 02.04.2018 was passed without notice to the other side; and it was also provided therein that the respondent would be at liberty to move the Court, if aggrieved. It was further enjoined upon the petitioner before this Court i.e., the operational creditor, to put the respondent to notice of the order and to file proof thereof before the Appellate Tribunal. As per observations of the Appellate Tribunal in opening paragraph of t .....

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..... ide the impugned order dated 09.07.2018, the matter be again restored to the file of the Appellate Tribunal for decision afresh and on merits. Before closing this matter, we also deem it appropriate to observe that in this appeal, this Court, by the order dated 06.08.2018, had stayed the proceedings before the Tribunal but then, by another order dated 16.04.2019, it was made clear that the said stay order would not stand in the way of other creditors in proceeding in accordance with law, subject to the objections. In continuity with the orders aforesaid, it is provided that further proceedings before the Tribunal shall remain stayed until final decision of appeal by the Appellate Tribunal but, neither pendency of the said appeal nor any o .....

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