TaxTMI 
TaxTMI 
2022 (10) TMI 248
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....t ex-parte, by this Adjudicating Authority and to provide an opportunity to file its counter and contest the Application. 2. According to the Applicant they have not received notices sent by the Financial Creditor/Respondent herein and gained knowledge of the proceedings through a third party from Newspaper publication. The Applicant referred to the order passed by this Tribunal in daily order sheet dated 16.06.2021 wherein it was recorded that the "registered post acknowledgement due was returned with endorsement "insufficient address". The Applicant would contend that, the address of the Applicant was purposefully mentioned wrong by the Respondent so as to set the Applicant herein ex-parte. It is also stated that the Financial Creditor f....
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....hether the Petitioner/Corporate Debtor was not duly served of the Notice of the Company Petition by the Respondent/Financial Creditor? 6. We have heard the Ld. Counsel Ms. Sarvani Desiraju for the Applicant and Ld. Counsel Shri Juber Hussain for the Respondent and perused the record. 7. At the outset we wish to refer to rule 49 of NCLT Rules which deals with ex-parte hearing, which is as below. (1) Where on the date fixed for hearing the petition or application or on any other date to which such hearing may be adjourned, the applicant appears and the respondent does not appear when the petition or the application is called for hearing, the Tribunal may adjourn the hearing or hear and decide the petition or the application ex-parte. (2....
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....d immediately filed the present Application. Refuting the said plea, the respondent would contend that Notice of the Company Petition was served on the Corporate Debtor/Applicant herein by RPAD as well as by email dated 07.04.2022. 10. It is further contended that in compliance of Section 12 of the Companies Act, all the communications were sent to the Registered Office and email id shown in the master data downloaded from MCA website and is deemed service as the notice was returned with the postal endorsement "No such person in the Address" on 04.05.2022. 11. It is pertinent to note herein that, the above Company Petition was listed for the first time before this Tribunal on 25/04/2022 and in the presence of the Ld. Counsel for the Compa....
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....dress as shown in the website of the Registrar of Companies has been mentioned on the envelope. 2. In the light of the above submission, let NOTICE be issued by way of publication. Publication shall be in one English Language daily and in one Vernacular language, both of the edition where Corporate Debtor is carrying on business. Such publication shall be effected within one week from today. List the matter on 18.07.2022 for further consideration. 14. On 18/07/2022 the following order was passed. Ld. Counsel for financial creditor Shri Prabha Prasad is present. Notice by way of publication is effected as ordered. Corporate Debtor is called absent. Service held sufficient. Corporate Debtor is set ex-parte. For hearing the Ld. Counsel fo....
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.... the record. Rule - 38. Service of Notices and processes.- (1) Any notice or process to be issued by the Tribunal may be served by post or by courier at the e-mail address as provided in the petition or application or in the reply; (2) The notice or process if to be served physically may be served in any one of the following modes as may be directed by the Tribunal;- (a) by hand delivery through a process server or respective authorised representative; (b) by registered post or speed post with acknowledgment due or by courier; or (c) service by the party himself. Explanation-For the purposes of sub-rules (1) and (2), the term "courier" means a person or agency which delivers the document and provides proof of its delivery. (....
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....titioner or applicant. 38A. Multiple remedies. - A petition shall be based upon a single cause of action and may seek one or more reliefs provided that the reliefs are consequential to one another. Thus, it is clear that any notice or process to be issued by the Tribunal may be served by post or at the email address as provided in the petition or the application or the reply. It is the admitted case of the financial creditor that the notice taken pursuant to the direction of this Tribunal returned on 04.05.2022 with the postal endorsement "No such person in the Address". In so far as the purported email said to have been sent to the corporate debtor is concerned, no record or an affidavit of the Company Petitioner has been filed confirmi....