2022 (6) TMI 388

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....Appellant(s) : Mr. Arvind Kumar Gupta, Adv. And Mr. Ravindra Sadanand Chingale, AOR For the Respondent(s) : Mr. Amir Arsiwala, Adv., Mr. Arvind Gupta, AOR, Mr. Dhaval Deshpande, Adv., Mr. Ashish Kumar Sinha, Adv. And Mr. Sonal Jain, AOR JUDGMENT DINESH MAHESHWARI, J. Having heard learned counsel for the parties and having perused the material placed on record, we are clearly of the vie....

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....ellate Tribunal on 13.10.2017, essentially on the ground that the demand notice was served by an advocate holding no position with or in relation to the operational creditor. The respondent-operational creditor questioned the said order by way of a petition for special leave to appeal in this Court, being SLP(C) No. 8145 of 2018. In the petition so filed by the operational creditor, a Division ....

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.... Tribunal in opening paragraph of the impugned order, the registry was directed to serve notice on the parties and in response thereof, respondent of the appeal appeared but nobody appeared on behalf of the appellant. Fresh notice was issued on which, the Appellate Tribunal received postal endorsement to the effect that the appellant had 'left' the given address. Thus, notice could not be delivere....

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....r as initiation of corporate insolvency resolution process at the instance of respondent-operational creditor is concerned, the relevant facts and factors, including the question of pre-existing dispute, deserve due and adequate consideration by the Appellate Tribunal. In view of the above, it appears just and proper that while setting aside the impugned order dated 09.07.2018, the matter be ag....