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TMI Blog2023 (9) TMI 1387X X X X Extracts X X X X X X X X Extracts X X X X ..... ices were issued to the Corporate Debtor. In the facts of the case and sequence of the events, there are no bonafide reason which can explain the non-appearance of the Corporate Debtor before the Adjudicating Authority. It is true that on 11.07.2022, the counsel appearing on behalf of the Corporate Debtor informed the Court that an application for recall has been filed and the Adjudicating Authority on that date has ordered the application to the listed with the Company Petition but the application stood in defect and could not be listed and the matter was heard by the Adjudicating Authority. Even the vakalatnama of counsel for the Corporate Debtor was in defect and was not before the Court. It has clearly been held that opportunity was given to the Corporate Debtor to appear and file reply and when after giving reasonable opportunity Corporate Debtor did not appear, order was passed to proceed ex-parte. I.A. filed by the Corporate Debtor having not listed, no fault can be found with the order passed by the Adjudicating Authority. The Adjudicating Authority has given reasons for admitting Section 9 application. There are no error in the order of the Adjudicating Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... none was present for Respondent. The Adjudicating Authority heard the Operational Creditor and reserved the order. (x) The Adjudicating Authority proceeded to consider the application on merits and admitted Section 9 application, aggrieved by which this Appeal has been filed. 2. Learned counsel for the Appellant submits that the order passed by the Adjudicating Authority is in violation of Principles of Natural Justice. The Adjudicating Authority did not give opportunity to the Appellant to make its submissions. An IA was filed to recall order dated 22.02.2022, by which order the Adjudicating Authority directed to proceed ex-parte, which application was not listed due to some defects. Learned counsel for the Appellant was present on 23.11.2022 when the matter was heard but he was not heard since neither the IA nor vakalatnama was on the record. It is submitted that the Appellant could not appear earlier since summons which were issued to the Appellant were inadvertently misplaced, hence, there was delay in appointment of the counsel. 3. Learned counsel for the Respondent refuting the submissions of learned counsel for the Appellant submits that Appellant was served with pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... addressee left without instructions . Email was sent after order dated 17.09.2021 to the email address of the Corporate Debtor as reflected in the website of MCA. On 15.11.2021, the Adjudicating Authority permitted for substituted service which paper publication was made on 22.12.2021 and 05.01.2022. Despite that none appeared on behalf of the Corporate Debtor. On 22.02.2022, the Adjudicating Authority passed following order: ORDER The Court is convened through Video Conference. 1. Ms. Prachi Wazalwar a/w Mr. Manvendra Kane and Ms. Amruta Thakur i/b M/s. W.S. Kane and Co., Ld. Counsel for the Petitioners present. None for the Corporate Debtor. 2. Vide order dated 15.11.2021, this bench had directed the Operational Creditor to carry out paper publication. The same has been done in Times of India and Maharashtra Times on 22.12.2021 and 05.01.2022. Irrespective of the substituted service by way of paper publication, the ' ' Corporate Debtor choose not to appear. The Corporate Debtor is set ex-parte. 3. List this matter on 20.04.2022 for final hearing. Counsel for the Operational Creditor will ensure that two sets of petition in hard copy are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orate Debtor submit that the IA has already filed for condoning of delay, which is not listed today. 4. Counsel for the Applicant is directed to serve a copy of Application to the other side. Counsel for the Respondent is directed to file reply within 14 days in IA by duly serving a copy to the other side. 5. List IA along with main Company Petition for hearing on 08.09.2022. 9. 08.09.2022 was the next date. Thereafter, date was fixed for 23.11.2022. On 23.11.2022, the Adjudicating Authority passed following order: ORDER The Court is convened through Video Conference. 1. Ms. Prachi Wazlwar a/w Mr. Manvendra Kane, Ms. Amruta Thakur i/b . W.S. Kane Co., Ld. Counsel for the Operational Creditor present. None for the Respondent. 2. Heard Ld. Counsel for the Operational Creditor and perused the records. Reserved for Orders. 10. The submission of learned counsel for the Appellant is that since IA was filed for recall of the order 22.02.2022 which could not be listed due to defects, the Adjudicating Authority ought not to have proceeded to admit the Section 9 application without deciding the said recall application. It is submitted that coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in defect and it was never listed before the Court. 14. In the facts of the case and sequence of the events, we do not find any bonafide reason which can explain the non-appearance of the Corporate Debtor before the Adjudicating Authority. It is true that on 11.07.2022, the counsel appearing on behalf of the Corporate Debtor informed the Court that an application for recall has been filed and the Adjudicating Authority on that date has ordered the application to the listed with the Company Petition but the application stood in defect and could not be listed and the matter was heard by the Adjudicating Authority. Even the vakalatnama of counsel for the Corporate Debtor was in defect and was not before the Court. 15. In the facts of the present case, we do not agree with submission of the counsel for the Appellant that there was violation of Principles of Natural Justice in passing the impugned order and adequate opportunity was not given to the Corporate Debtor. Section 9 application is pending since July, 2021. In view of what we have observed, we find it unnecessary to direct the Adjudicating Authority to pass order on I.A. dated 09.07.2022 filed by the Corporate Debtor to ..... 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