2025 (1) TMI 1625 - Tri - IBC

Notice sent by speed post; appellant to file requisites, pay process fee, provide respondent emails and mobiles; reply due

NCLAT issued notice to the respondents by speed post and directed the appellant to file requisites and process fee within three days, and to furnish the ... Admission of Section 7 application against the Corporate Guarantor - Appellant submitted that the CoC has already been constituted in pursuance of the impugned order - HELD THAT:- Submissions of the Counsel for the Appellant needs scrutiny. Let ‘Notice’ be issued to the Respondents through ‘Speed Post’. Let the requisites together with process fee be filed within three days from today. The Appellant is required to provide the e-mail address of the Respondents and in that mode also, the service can be effected. The Appellant is also required to furnish the Mobile No. of the Respondents to the ‘Office of the Registry’. Let reply be filed within three weeks - List the Appeal on 17.03.2025. Cause shown sufficient; a 6-day delay in filing the Appeal is condoned. The impugned order admitted a Section 7 application against the Corporate Guarantor. Appellant contends that admission of the Section 7 application against the principal borrower was set aside by this Tribunal (judgment dated 08.01.2025) in earlier Appeals, and that the Adjudicating Authority's impugned order improperly relied on that now-set-aside admission. It is further stated that the Committee of Creditors has been constituted pursuant to the impugned order. Directions: issue 'Notice' to Respondents through 'Speed Post'; requisites together with process fee to be filed within three days; Appellant to provide Respondents' e-mail and mobile number for service; reply to be filed within three weeks; list the Appeal on 17.03.2025. Interim: no 'Form G' shall be issued. 'CIRP process may go on.'