9911796707
TMI Blog2024 (3) TMI 1290X X X X Extracts X X X X X X X X Extracts X X X X ..... es and file proof of service. HELD THAT:- 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 Respondent have appeared before the Adjudicating Authority through counsel and time was allowed to them to file vakalatnama and counter affidavit and thereafter again on 05.12.2022 fresh notices were directed to be issued. Affidavit of service was already filed by the Appellant on 08.08.2022, however, thereafter order for publication was issued. The Appearance of counsel on behalf of the Corporate Debtor on 16.09.2022 clearly indicates that the Corporate Debtor was well aware of the proceedings. In the present appeal, inspite of is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeared through counsel and were granted 10 days time to file vakalatnama and counter affidavit. On 05.12.2022, the Adjudicating Authority again issued fresh notice to the Respondents and directed the Appellant to serve notice along with copy of petition to the Respondent by all modes and file proof of service. Subsequently, when the matter was taken 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 07.12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wan, Ld. Counsel appearing on behalf of the Corporate Debtor seeks and granted 10 days' time to file Vakalatnama and counter affidavit. Rejoinder can be filed within 10 days thereafter. List the matter for final arguments on 12.10.2022. 5. When on 05.12.2022, again the case was taken, the Adjudicating Authority issued fresh notice along with copy of petition. 6. Learned counsel for the Appellant submits that since Respondent has already appeared, hence, no steps 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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