2021 (2) TMI 888

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....Insolvency & Bankruptcy<br>MADAN B. GOSAVI, MEMBER (JUDICIAL) AND VIRENDRA KUMAR GUPTA, MEMBER (TECHNICAL) Ld. Counsel Mr. Tirth Nayak appeared for the Operational Creditor. Ld. PCS Mr. Mohd. Nazim Khan appeared. Ld. Counsel Mr. Shantanu Chourasia appeared for the Applicant. Ld. Counsel Ms. Babita Jain appeared for the Resolution Professional. ORDER This instant application is fi....

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....ple times notice were issued to the Corporate Debtor. In spite, of intentionally evading the service of petition for initiation of CIRP, this AA authority has suggested to affect the service of notice through publishing in two newspapers one in Vernacular and another in English newspaper at the place where the registered office of the Corporate Debtor situated.&nbsp; 4.&nbsp; In compliance, wit....

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....orporate Debtor but, the corporate Debtor refused to accept the notice which was itself sufficient to admit the matter in CIRP. Even after, evading the service of notice by the corporate debtor, this Authority has advised the operational creditor for paper publication which has already been made. The corporate debtor has prayed from this Tribunal for quashing the order dated based on Rule 49(2) of....

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....esent application is liable to be dismissed. 8.&nbsp; Further, Rule-49(2) of NCLT Rules, 2016 comes into play only when the matter is disposed of in a summary manner generally for want of prosecution. Otherwise, the said rule is applicable only for the purpose of setting aside the order of Ex-parte hearing. When the matter is decided, though Ex-parte, on mertis after due consideration and mater....