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TMI Blog2024 (1) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... NCLT Rules and even if the advance notice was served by the Operational Creditor the requirement of rule 37 is not dispensed with unless the party itself appears before the Adjudicating Authority and in event the corporate debtor itself appears there is no requirement of any notice under Rule 37 but when a party does not appear notice has to be issued to show cause and fix the date for appearance in NCLT Form 5. The present is a case where no notice was issued by the Adjudicating Authority and only on the statement of Learned Counsel for the Operational Creditor that Corporate Debtor has not appeared despite service, the Adjudicating Authority proceeded to direct ex-parte hearing. When notice required under Section 37 which was not is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has filed an Application to recall Order dated 31st October, 2022 by which the Adjudicating Authority proceeded ex-parte against the Appellant which was dismissed on 31st January, 2023 which order has not been challenged. 5. We have considered the submissions of Learned Counsel for the parties and have perused the record. 6. The Adjudicating Authority first took the Section 9 Application on 24th August, 2022 and following order was passed: Ld. Authorised representative CS Mr. Rahul Agarwal appears on behalf of the Petitioner/Operational Creditor i.e., Kalinga Enterprises Pvt. Ltd. Despite Service of notice, there is no representation for Corporate Debtor i.e., Maa Manasha Devi Alloys Pvt. Ltd. Respondents are directed to f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the Notice. Such notice in Form No. NCLT 5 shall be accompanied by a copy of the application with supporting documents. (2) If the respondent does not appear on the date specified in the notice in Form No. NCLT 5, the Tribunal, after according reasonable opportunity to the respondent, shall forthwith proceed ex-parte to dispose of the application. (3) If the respondent contests to the notice received under sub-rule (1), it may, either in person or through an authorised representative, file a reply accompanied with an affidavit and along with copies of such documents on which it relies, with an advance service to the petitioner or applicant, to the Registry before the date of hearing and such reply and copies of documents shal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereafter. 4. List this Appeal on 21st March, 2023. In the meantime, in pursuance of the Order dated 31st October, 2022, no final step shall be taken regarding the resolution of the Corporate Debtor however IRP shall ensure that corporate debtor runs as a going concern with the cooperation of the suspended management. 12. Appellant in compliance of said order has deposited the amount in favour of Pay and Accounts Officer, Ministry of Corporate Affairs in the court. Learned Counsel for the Respondent has submitted that Order dated 31st January, 2023 by which the Adjudicating Authority has rejected the application challenging the order to proceed ex-parte against the Appellant has not been challenged hence the Appellant cannot b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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