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TMI Blog2024 (3) TMI 1290X X X X Extracts X X X X X X X X Extracts X X X X ..... ustice Ashok Bhushan ] Chairperson , [ Barun Mitra ] Member ( Technical ) And [ Arun Baroka ] Member ( Technical ) For the Appellant : Mr. Apoorv Rastogi and Mr. Harshal Kumar, Advocates ORDER ( Hybrid Mode ) This Appeal has been filed against order dated 02.02.2023 by which order the Adjudicating Authority has dismissed the application filed by the Appellant due to non-compliance of order dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken up, the Adjudicating Authority dismissed the application for non-compliance of order dated 11.08.2022 and 05.12.2022. 2. In this Appeal, we have issued notices to the Respondent on 18.05.2023. Affidavit of service was filed by the Appellant. Then, further order was passed for publication in two newspapers on 10.11.2023. Thereafter, paper publication was made and Affidavit of Service dated 07. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... properly through e- Mail. We, therefore, direct the petitioner to take necessary steps to serve afresh through paper publication in two leading newspapers, one in English and one in Hindi language, widely circulated in the areas where the respondents are residing and their Registered offices are situated and file the proof of service and affidavit of service within three weeks. List the matter o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were required to be taken and the Adjudicating Authority without noticing that Respondent has appeared, has dismissed the application. 7. We have considered the submissions of the Appellant and perused the record. 8. From the order dated 11.08.2022, it is noted that notices were issued and direction was to issue notice by paper publication in two leading newspapers. On 16.09.2022, the Responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation in newspapers, no one appeared for the Corporate Debtor. We, thus, are of the view that the Adjudicating Authority committed error in rejecting the Section 7 application due to non-compliance of order dated 11.08.2022 and 05.12.2022. The Corporate Debtor having appeared before the Adjudicating Authority through counsel who took time for filing vakalatnama and counter affidavit, the Adjudicat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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