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TMI Blog2025 (2) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... vocates for R-1. Mr. Vikram Wadehra, Advocate for R-2 JUDGMENT ( Hybrid Mode ) [ Per : Ajai Das Mehrotra , Member ( Technical ) ] This Appeal has been filed by Mr. Gurushankar Raman, Suspended Director and shareholder of M/s. Amritpur Tea Company Ltd, herein after referred to as the Appellant/Corporate Debtor against the order dated 27.09.2023 passed by the National Company Law Tribunal, Division Bench (Special) Court No. I, Kolkata in C.P.(IB) No. 329(KB)2022 wherein application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred as IBC, 2016) by City Union Bank Ltd, the Financial Creditor was allowed admitting the Corporate Debtor in corporate insolvency resolution process (hereinafter called 'CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel for the Appellant filed Affidavit in support of his contentions that separate editions of these papers are published from Siliguri which are circulated in Jalpaiguri, where the registered office of the Corporate Debtor is situated. The learned Counsel adverted to Rule 35 of NCLT Rules - 2016. The said Rule is reproduced below for ready reference:- "35. Advertisement detailing petition.- (1) Where any application, petition or reference is required to be advertised, it shall, unless the Tribunal otherwise orders, or these rules otherwise provide, be advertised in Form NCLT-3A, not less than fourteen days before the date fixed for hearing, at least once in a vernacular newspaper in the principal vernacular language of the district in wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quirements of this rule or the direction of the Tribunal, as regards the advertisement and service of petition, are not complied with, the Tribunal may either dismiss the petition or give such further directions as it thinks fit. (6) The Tribunal may, if it thinks fit, and upon an application being made by the party, may dispense with any advertisement required to be published under this rule." 4. Learned Counsel for the Appellant submitted that since the newspapers were not being circulated in the District of Jalpaiguri, the substituted service through publication was not proper. The second defence taken by the Corporate Debtor is that the loan was disbursed to the Corporate Debtor in three tranches and the third tranche of Rs.1,50,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cured assets of the Corporate Debtor and even at that stage no dispute was ever raised by the Corporate Debtor. The Corporate Debtor had not raised any dispute even before NeSL and the Record of Default i.e., the record maintained with the Information Utility NeSL, reflects that various intimations were sent regarding the default through email, which were opened as well as authenticated by the Corporate Debtor, however, no dispute was ever raised to the existence of default. 8. It was submitted that Court notice has been duly delivered and served on the Corporate Debtor through both mode, namely, Speed Post and Email issued by the Registry of the Ld. NCLT itself and there cannot be any dispute qua the service of notice of Section 7 petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owed on 13th June, 2023 by the Ld. NCLT. The publication was done in the two newspapers, one in vernacular language and one in English in dailies widely circulated in the State of West Bengal. An affidavit was filed by the petitioner before the Ld. NCLT for placing on record the copy of publication made in two newspapers, namely, "The Statesman" and "Aajkal" for effecting service upon the Corporate Debtor. Since even after publication, nobody appeared for the Corporate Debtor, the Corporate Debtor was set ex-parte vide order dated 09.08.2023 by the Ld. NCLT. 11. We have gone through the records and find that service through email and by Speed Post has been made at the declared address of the Corporate Debtor and the relevant documents have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e debt and default are recorded in the records of the Information Utility (NeSL). The record of NeSL has been filed along with Affidavit in Compliance filed on 29.07.2024 and is available at page 171 to 177. According to the records submitted, it is reflecting that intimations were sent by NeSL to the Corporate Debtor at its registered email ID- [email protected] on 07.09.2022 at 09:49:16 AM, 07.09.2022 at 09:52:02 AM, 12.09.2022 at 14:14:45 PM, 12.09.2022 at 14:19:59 PM, 17.09.2022 at 18:59:27 PM, 17.09.2022 at 19:02:26 PM, 24.09.2022 at 08:07:20 AM and 24.09.2022 at 08:10:35 AM. All the emails were delivered and opened by the addressee. However, the debt has been authenticated by NeSL with the description "default submission" indicating ..... X X X X Extracts X X X X X X X X Extracts X X X X
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