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TMI Blog2022 (10) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... mandated under the rule referred supra, besides satisfied that Applicant Corporate debtor was not duly served of the notice in the Company Petition. Hence it is a fit case to invoke the power of this Tribunal under Rule 49 R/W Rule 11 of NCLT Rules. Therefore, in the interest of justice, this application is allowed by setting aside our order dated 18.07.2022. Application allowed. - IA No. 741/2022 in CP (IB) No. 139/7/HDB/2022 - - - Dated:- 16-9-2022 - Dr. Venkata Ramakrishna Badrinath Nandula , Member ( J ) And Veera Brahma Rao Arekapudi , Member ( T ) For the Appellant : Sarvani Desiraju, Advocate For the Respondents : Juber Hussain, Advocate ORDER 1. This is an application filed by the Corporate Debtor in CP (IB) No. 139/7/2022, under Rule 49(2) R/w Rule 11 of NCLT Rules 2016, seeking to set aside the order dated 18/07/2022, whereby the petitioner was set ex-parte, by this Adjudicating Authority and to provide an opportunity to file its counter and contest the Application. 2. According to the Applicant they have not received notices sent by the Financial Creditor/Respondent herein and gained knowledge of the proceedings through a third party from New ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hearing the petition or application or on any other date to which such hearing may be adjourned, the applicant appears and the respondent does not appear when the petition or the application is called for hearing, the Tribunal may adjourn the hearing or hear and decide the petition or the application ex-parte. (2) Where a petition or an application has been heard ex-parte against a respondent or respondents, such respondent or respondents may apply to the Tribunal for an order to set it aside and if such respondent or respondents satisfies the Tribunal that the notice was not duly served, or that he or they were prevented by any sufficient cause from appearing (when the petition or the application was called) for hearing, the Tribunal may make an order setting aside the ex-parte hearing as against him or them upon such terms as it thinks fit. Provided that where the ex-parte hearing of the petition or application is of such nature that it cannot be set aside as against one respondent only, it may be set aside as against all or any of the other respondents also. 8. Thus, from the above provision it is clear that when a petition or an application has been heard ex-parte, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Counsel for Financial Creditor is present. He has stated that notice has been taken as per the direction of this Tribunal through registered post acknowledgement due. He has further stated that notice through e-mail has been sent. However, proof of service of such e-mail communication is not filed. In so far as notice sent by Registered Post Acknowledgement Due is concerned it has been returned with an endorsement 'insufficient address'. The Ld. Counsel has submitted that the address as shown in the website of the Registrar of Companies has been mentioned on the envelope. 2. In the light of the above submission, let NOTICE be issued by way of publication. Publication shall be in one English Language daily and in one Vernacular language, both of the edition where Corporate Debtor is carrying on business. Such publication shall be effected within one week from today. List the matter on 18.07.2022 for further consideration. 14. On 18/07/2022 the following order was passed. Ld. Counsel for financial creditor Shri Prabha Prasad is present. Notice by way of publication is effected as ordered. Corporate Debtor is called absent. Service held sufficient. Corporate Deb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arty himself by hand delivery, he shall file with the Registrar or such other person duly authorised by the Registrar in this behalf, the acknowledgment together with an affidavit of service and in case of service by registered post or by speed post, file with the Registrar, or such other person duly authorised by the Registrar in this behalf, an affidavit of service of notice alongwith the proof of delivery. (4) Notwithstanding anything contained in sub-rules (1) and (2), the Tribunal may after taking into account the number of respondents and their place of residence or work or service could not be effected in any manner and other circumstances, direct that notice of the petition or application shall be served upon the respondents in any other manner, including any manner of substituted service, as it appears to the Tribunal just and convenient. (5) A notice or process may also be served on an authorised representative of the applicant or the respondent, as the case may be, in any proceeding or on any person authorised to accept a notice or a process, and such service on the authorised representative shall be deemed to be a proper service. (6) Where the Tribunal di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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