2020 (5) TMI 719

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....ed seeking to stay all further proceedings pursuant to ex-parte order dated 27.09.2019 in CP(IB) No. 374/7/HDB/2019 including process of CIRP and Moratorium and such other order(s) as this Adjudicating Authority deems fit and proper. 3. Application bearing IA No. 901/2019 is filed seeking to set aside the ex-parte order dated 27.09.2019 in CP(IB) No. 374/7/HDB/2019 and permit the Petitioner/Corporate Debtor to contest the CP(IB) No. 374/7/HDB/2019 passed by this Adjudicating Authority and pass such other order(s) as this Adjudicating Authority deems fit and proper. 4. Brief facts leading to filing of the present applications are as under:- a. That M/s. Corporation Bank has filed an Application under Section 7 of IB Code, 2016....

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....ime was given to the Corporate Debtor and accordingly Corporate Debtor was proceeded Ex-parte. Matter was further adjourned for hearing submissions of the Petitioner to 26.08.2019. f. During the hearing held on 26.08.2019 the submissions of the Petitioner counsel were heard and matter was reserved for orders and subsequently on 27.09.2019 the Application was admitted for CIRP. 5. Basing on the above facts, the Applicant has stated as under:- a. That no notice was served on the Petitioner before filing of the above Company Petition. That a copy of the Petition under Section 7 of IB Code was also not served on the Corporate Debtor. b. That the address of the Corporate Debtor shown in the cause title is incorrect ....

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....not maintainable as this Adjudicating Authority lacks jurisdiction to entertain the above Company Petition. As per Section 60 of the IB Code, 2016, Petition shall be filed before National Company Law Tribunal having territorial jurisdiction over the place where the registered office of the Corporate Debtor is located. In the present case, the Registered Office of the Corporate Debtor is situated at Kurnool, Andhra Pradesh. Therefore, NCLT Amaravati Bench has jurisdiction to entertain the present Company Petition. i. That unless this Adjudicating Authority sets aside the order dated 27.07.2019, Applicant would be put to irreparable loss and hardship which cannot be compensated by any means. 6. Reiterating above, counsel for the A....

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....matter posted to today. Sufficient time is given to the other side. Respondent is proceeded as Ex-parte. For hearing submissions of the Petitioners counsel, matter adjourned. Petitioner's counsel is directed to inform next date of hearing to the other side. Put up the matter on 26.08.2019." c. Further matter was heard and reserved for orders on 26.08.2019 and subsequently the matter was admitted for CIRP on 27.09.2019. d. That the Corporate Debtor never informed about the change in the registered office or address of the Corporate Debtor to the Financial Creditor. e. That the Corporate Debtor has not acted in diligent manner and has not made any arrangements for submission of its arguments on 26.08.2019. ....

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....ode and that there was no intimation to the Corporate Debtor being the Respondent about this matter till the initiation of CIRP. 11. The Ld. Counsel for the Applicant herein further contended that the Registered Office of the Corporate Debtor is situated at Kurnool, Andhra Pradesh and therefore NCLT Amaravati Bench only had the jurisdiction to entertain the CP filed against it. 12. The Financial Creditor/Respondent has stated that the notice first sent to the Corporate Debtor were returned with an endorsement 'Left'. Subsequently, this Adjudicating Authority directed the Financial Creditor to send another notice to the Corporate Debtor for appearance and also ordered notice by way of Paper Publication. A further direction was ....