2026 (5) TMI 807

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....espondent and vide order dated 27.02.2026 the proceedings of this appeal were directed to be proceeded ex-parte against the sole Respondent/CD as despite being sufficiently served nobody is/was present before this Appellate Tribunal on its behalf. 2. The instant appeal has been preferred by the appellant against the impugned judgement dated 13.03.2025 passed by the National Company Law Tribunal, New Delhi Bench (Court-II) (Adjudicating Authority) in CP IB No. 33/ND/2025 filed by the Appellant under Section 7 of the Code whereby the petition filed by the appellant has been dismissed for want of taking the steps to serve the Respondent. 3. The factual matrix relevant for the purpose of disposal of this appeal appears to be that appellan....

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....ed as 13.03.2025. 6. It is further reflected that on 13.03.2025 the Ld. Adjudicating Authority has passed the impugned order whereby the petition filed by the Appellant/Applicant under Section 7 of the Code was dismissed on the ground that the steps have not been taken by the Appellant/Applicant to serve notice upon the Respondents. 7. Ld. Counsel for the appellant while drawing our attention towards the dates of listing of the petition before the Ld. Adjudicating Authority i.e. 28.01.2025, 31.01.2025, 17.02.2025, 28.02.2025 and 13.03.2025 submits that admittedly on 28.01.2025 the petition was first presented before the Ld. Adjudicating Authority and it was adjourned at the behest of the appellant and on 31.01.2025 the DMS was not wor....

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....It is further submitted that the observations of the Ld. Adjudicating Authority in paragraph no. 9 of the impugned order are not finding corroboration from the case history and the applicant/appellant was not at all at fault in taking the steps because ultimately when the order of the Ld. Adjudicating Authority was not available with the Registry of the NCLT the steps could be received by the office and notice could not be issued and therefore the Ld. Adjudicating Authority has not considered the case of the applicant in right perspective and has passed the impugned order without considering the factual aspect of the matter in right perspective. Thus the impugned order may kindly be set aside. 12. We have heard Ld. Counsel for the appell....