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2017 (1) TMI 1430 - Tri - Companies LawNon-service of notice upon the Debtor - Held that:- Non-service of notice would pale into insignificance because this Bench heard on the other CA upon which the corporate debtor vehemently argued. Though it normally does not happen, in rush of work, we inadvertently decided that IA 6/2017 basing on the argument of the counsel of Corporate Debtor, because that plea would not survive because hearing has already been given to the Corporate Debtor in the earlier application. Delay has also occurred in passing this order owing to the application filed by the Corporate Debtor. Indeed, this Code has nowhere given any explicit opportunity to the Corporate Debtor to exercise the right of making submissions, but this Bench heard and passed orders in the earlier application on 17.1.2017. Corporate Debtor could have raised this plea of no default, which he raised along with the issue already raised in the earlier CA already adjudicated. Having not raised the said plea along with other application, this Bench hereby held that this application is not entertainable for two reasons, one - the corporate debtor cannot raise objection, because no audience has been given to the corporate debtor in the Code, two - even if right is assumed as exercisable by the Corporate Debtor, since he has not taken this relief in the earlier application, the corporate debtor is barred from raising such plea in subsequent application. Creditor application shall be decided within 14 days from the date of filing creditor petition by ascertaining as to whether petition is in compliance of Section 7 of the Insolvency & Bankruptcy Code, therefore this Bench is under no obligation to hear the Corporate debtor, hence this CA is hereby dismissed even without going into the merits of the application.
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