2020 (12) TMI 1260

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.... FC as to why the ex-parte Order dated 18.03.2020 passed by this Tribunal admitting the Application filed u/s 7 of the IBC should not be set aside. 2. It is stated that the Financial Creditor (FC) has filed an application under Section 7 of Insolvency and Bankruptcy Code 216, before this Bench which was registered and numbered as CP.(IB) 04/GB/2020 against the Corporate Debtors (CD), who was alleged guarantor of loan taken by Agnipa Energo Pvt. Ltd. and an ex-parte order was passed by this Bench on 18.03.2020 observing that notice has been served and the CD has failed to appear on 18.03.2020. 3. That it is pertinent to mention herein that as alleged the petitioner before this Bench is guarantor of Agnipa Energo Pvt. Ltd., whose petiti....

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.... NCLT Benches may take up matter which require urgent hearings on request made by the concerned parties. To rest of the matters, from 16.3.2020 to 27.3.2020, keep giving adjournments." Considering the above, the petitioner under presumption that all matters except required urgent hearing will not be taken by this Bench avoid to travel from New Delhi to Guwahati in Covid- 19 difficult situation to take care of his case. 6. That it is submitted that from the ex-parte order dated 18.03.2020, it is apparent that this Bench passed the impugned order only going through the submissions and affidavit but not considered that report of postal department which is very much clear that notice has not been served upon the CD. It is further....

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....e set aside / vacated and the petitioner / CD may be afforded a fair chance to contest / defend the case. 9. In this context, it is submitted that if the ex-parte order dated 18.03.2020 passed in the aforesaid matter is allowed to stand, in that event there will be irreparable loss and injury and prejudices to the petitioner / CD as there would be deprival of its legitimate chance to defend its case. 10. The petitioner here submits that - "it is humbly prayed that your Honour would be gracious enough to admit this petition and issue notice to the financial creditor to show cause as to why the ex parte order dated 18.03.2020 passed by this Hon'ble Tribunal in COMPANY PETITION NO.(IB)04/GB/2020 should not be set aside / vacated....