2022 (5) TMI 1495

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....ASHOK BHUSHAN, CHAIRPERSON, MS. SHREESHA MERLA, MEMBER (TECHNICAL) AND MR. NARESH SALECHA, MEMBER (TECHNICAL) For the Appellant : Mr. Ananvay Anandvardhan, Mr. Shantanu Singh & Mr. Ravi Sehgal, Advocates. For the Respondent : Mr. Arvind Nayar, Sr. Advocate with Mr. Akshay Joshi, Mr. Ajay Bhargava, Ms. Wamika Trehan, Ms. Maithli Moondra, Advocates for R-1. Ms. Pooja M. Saigal, Mr. Anshul B....

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....r side. At request, matter be taken on 17.02.2022." 3. The Notice was issued on Respondent No. 2/the 'Corporate Debtor' on 23.12.2021 which was served later on 31.12.2021. 17.02.2022 was the first date after serving of Notice on which date the Learned Adjudicating Authority proceeded to admit the Application. Which is mentioned at Page- 43. "9. Notice by the Authority was issu....

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....for the 'Corporate Debtor' to file Reply, but no Reply was filed. Shri. Arvind Nayar also submitted that Learned Counsel for the 'Corporate Debtor' did not have the 'Vakalatnama', hence, the Court did not record his appearance. 6. First day on which the Notice was issued was on 23.12.2021. Notice was served on 31.12.2021 and 17.02.2022 was the first date which was fixed thereafter of by....

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.... that despite notice was served, no one has appeared. We have no reasons to disbelieve the Affidavit filed by the Counsel in this Appeal, that he appeared and made a request to file the 'Vakalatnama' and 'Reply'. We are of the view that at least one opportunity ought to have been given to the Respondent to file his Reply. The Order dated 17.02.2022 being virtually Ex-Parte deserve ....