TaxTMI 
TaxTMI 
2024 (1) TMI 47
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....r passed by the Adjudicating Authority dated 31st October, 2022 by which order the Adjudicating Authority has admitted Section 9 Application filed by the Operational Creditor. 3. Learned Counsel for the Appellant challenging the Order contends that the Adjudicating Authority did not issue any notice to the Appellant and without issuance of any notice to the Appellant, direction to proceed ex-parte was passed and when the Appellant came to know, he instructed an Advocate to file Vakalatnama which was filed only in November, 2022. It is submitted that the Order passed is ex-parte and deserves to be set aside. 4. Learned Counsel appearing for the Respondent refuting the submissions of the Appellant submits that advance notice was sent to the....
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....uently, on 19th September, 2022, the Adjudicating Authority directed to proceed ex-parte by following order : "Ld. Authorised Representative CS, Mr. Rahul Agarwal appears on behalf of the Petitioner/Operational Creditor i.e., Kalinga Enterprises Pvt. Ltd. Despite service of notice, nobody appears for the Respondent/Corporate Debtor. Even on the previous date of hearing nobody appeared for the respondent. Respondent set ex-parte. List the matter for hearing on 18.10.2022." 8. Learned Counsel for the Appellant has relied on Rule 37 of the NCLT Rules, 2016 which provides that the Adjudicating Authority shall issue notice to the opposite party. Rule 37 is as follows: "37. Notice to Opposite Party.- (1) The Tribunal shall issue notice t....
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.... for the Operational Creditor that Corporate Debtor has not appeared despite service, the Adjudicating Authority proceeded to direct ex-parte hearing. 11. When this appeal was heard, following order was passed on 22.02.2023: "22.02.2023: Learned Counsel for the Appellant submits that Appellant is ready to deposit the amount of Rs. 1,16,25,583.01/- for which the proceeding under Section 9 of I&B Code, 2016 was initiated. 2. Let the amount be deposited in the form of 'Demand Draft' in favour of "Pay and Accounts Officer, Ministry of Corporate Affairs" in the Court within three days. 3. Issue notice to the Respondents through Speed Post as well as Email. Requisites along with process fee, if not filed, be filed within two days. Respon....