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2018 (12) TMI 1809 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Whether there are sufficient ground to set aside ex-parte order passed against the Corporate Debtor? - HELD THAT:- To admit any corporate person into Corporate Insolvency Resolution Process is somewhat harsh order. By virtue of such order, the business of Corporate Debtor is to be taken away from his possession and to be handed over to Resolution Professional and thereafter to propose Resolution Applicant. As far as possible, this Adjudicating Authority does not like to pass such order ex-parte. But if inspite of proper notice, the Corporate Debtor choose to remain absent then this Adjudicating Authority leaves with no option but to pass CIRP order ex-parte. This has exactly happened in this case. The order of admission of Corporate Debtor in CIRP has serious consequences. In this case, Advocate of Corporate Debtor did not appear in the matter and hence, this Adjudicating Authority passed order ex-parte. In fact it was duty of the Advocate of Corporate Debtor to inform this Adjudicating Authority that she has not been instructed by the Corporate Debtor to appear on their behalf. In such a situation, this Adjudicating Authority would have issued notice afresh to the Corporate Debtor - for the fault of Advocate, the Corporate Debtor should not suffer and hence,the exparte passed against the Corporate Debtor is set aside on some terms. The Corporate Debtor directed to deposit sum of ₹ 1,00,000/- in account of Deputy Registrar of NCLT, Kolkata Bench within 7 days and produce receipt thereof because it was also duty of director/ officer of corporate debtor to keep the track of the matter but they appeared to have ignored duty - application disposed off.
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