TaxTMI 
TaxTMI 
2023 (8) TMI 747
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....Ltd. (Corporate Debtor) who are aggrieved against the order dated 23.02.2023 passed by the 'National Company Law Tribunal, Ahmedabad Court-2 (hereinafter referred as to 'the Adjudicating Authority') by which an application bearing Misc. Application No. 09 of 2022 in C.P. (IB) No. 268 of 2020 filed under Section 19 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred as to 'The Code') by the IRP in which the Adjudicating Authority issued a direction to the Suspended Management to handover all the requisite documents/records of the Corporate Debtor to the IRP within one-week observing that no one had appeared on behalf of Suspended Management in spite of service of notice. 2. Counsel for the Appellant has submitted that the appl....
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....as wrongly recorded in the impugned order that no one had appeared on behalf of Suspended Management despite service of notice. 6. Counsel for the Appellant has referred to Rule 37, 38 & 105 of the NCLT Rules, 2016 (for short 'Rule') pertaining to notice to the opposite parties, service of notices and processes & Issue of notice. The aforesaid Rules are reproduced as under: 37. Notice to Opposite Party.- (1) The Tribunal shall issue notice to the respondent to show cause against the application or petition on a date of hearing to be specified in the Notice. Such notice in Form No. NCLT.5 shall be accompanied by a copy of the application with supporting documents. (2) If the respondent does not appear on the date specified in the no....
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....e Registrar in this behalf, an affidavit of service of notice alongwith the proof of delivery. (4) Notwithstanding anything contained in sub-rules (1) and (2), the Tribunal may after taking into account the number of respondents and their place of residence or work or service could not be effected in any manner and other circumstances, direct that notice of the petition or application shall be served upon the respondents in any other manner, including any manner of substituted service, as it appears to the Tribunal just and convenient. (5) A notice or process may also be served on an authorised representative of the applicant or the respondent, as the case may be, in any proceeding or on any person authorised to accept a notice or a p....
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...., therefore, counsel for the Appellant herself referred to an email dated 22.11.2022 as per which information was given regarding the listing of the application for the first time on 22.11.2022. The email dated 22.11.2022 is reproduced as under: 8. Counsel for the Appellant has submitted that notice of any Interlocutory Application is required to be issued in terms of Rule 37 & 38 of the Rules coupled with Rule 105 as per which copy of the application has also to be served at the time of issuance of notice, therefore, there was no notice in accordance with law which is stated to have been served upon the Appellant herein. 9. Counsel for the Appellant has also fairly referred to Rule 49 of the Rules, which read as under: "49. Ex-parte He....