2023 (4) TMI 447

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....hrough 'Speed Post', by the 'Office of the Registry', got returned with an endorsement, 'Left without Instructions- Returned to Sender'. Considering the fact that according to the Learned Counsel for the 'Appellant', the 'Notice', which was sent to the 'Respondent', is to the 'Proper' and 'Correct' address, as found in the Adjudicating Authority's/ Tribunal's Records and also in the 'Ministry of Corporate Affair's Records', this 'Tribunal', without any haziness, holds that the 'Service' is held 'Sufficient'. The Respondent', is called 'Absent' and the Instant 'Appeal', is proceeded further by this 'Tribunal', for passing 'Judgement'. The Learned Counsel for the 'Petitioner'/ 'Appellant', in IA(IBC)/482/2022 in C.P. (IB) No. 598/7/HDB/2019....

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.... request was made for an 'Adjournment', through a 'Memo', enclosing in and by which he was advised to take two (2) days rest. Despite a 'Bonafide' Request, for 'Adjournment', made by the Learned Counsel for the 'Appellant', the main C.P. (IB) No. 598/7/HDB/2019, came to be 'Dismissed', for 'Non-Prosecution', by the 'Adjudicating Authority'/ 'National Company Law Tribunal, Hyderabad Bench', with an incorrect Observation that the Learned Counsel for the 'Petitioner'/ 'Appellant' (Financial Creditor), had made an unsubstantiated request for an 'Adjournment', inspite of the fact that he had furnished written advice, by the 'Physician' to take two (2) days rest. It comes to be known that in respect of the 'Dismissal' of the main C.P. (IB) No. 5....

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....2) days and finally, it was submitted that there was no intentional non appearance by the Counsel for the 'Petitioner'. Therefore, a date was prayed for, in a sympathetic manner for 'Final' Hearing of the main 'Petition', instead of dismissing the same'. A Cursory Perusal of the 'Impugned Order', dated 31/05/2022 in IA/(IBC)482/2022 in main C.P.(IB) No. 598/7/HDB/2019, passed by the 'Adjudicating Authority' (National Company Law Tribunal, Hyderabad Bench, Court No - II) indicates that the 'Adjudicating Authority'/ 'National Company Law Tribunal, Hyderabad Bench, Court - II' had not spelt out anything about the Contents of the 'Memo' preferred by the 'Petitioner'/ 'Appellant' and also not considered the aspect of 'Angina', the possibility o....

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...., in IBA(IBC)/482/2022 in C.P.(IB)598/7/HDB/2019, suffers from 'Serious Legal Infirmities' and not dealt with the points, raised in the 'Contents' of 'Memo', dated 28/04/2022, one way or the other, in the instant subject matter in issue. As such, this 'Tribunal' is perforced to interfere with the 'Impugned Order', dated 31/05/2022 in IBA(IBC)/482/2022 in C.P.(IB)598/7/HDB/2019 and sets aside the same, in the 'interest of Justice', subject to the condition that the 'Appellant', shall pay a 'Cost' of Rs. 50,000/- (Fifty Thousand Rupees Only), to the Hon'ble Prime Minister's National Relief Fund, of course, within a period of '8 Weeks', from 'Today' and to produce the 'Copy' of the receipt, before the 'Deputy Registrar', of the 'Adjudicating A....