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2017 (6) TMI 924 - Tri - Insolvency and BankruptcyCorporate Insolvency Resolution Process on request of the Financial Creditor - application not been properly served on the Corporate Debtor - Held that:- Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016 specifically directs that the applicant shall dispatch forthwith, a copy of the application filed with the Adjudicating Authority, by registered post or speed post to the registered office of the corporate debtor (Italics supplied). In the absence of any material or document to demonstrate that the registered office of the Corporate Debtor having been shifted from 1st Floor NBCC Tower, 15 Bhikaji Cama Place, New Delhi 110 066 to any other address, particularly to the address as claimed to be registered office address by the Financial Creditor in the application, we are constrained to hold that the application has not been properly served on the Corporate Debtor and that we consider basically explains the absence of the Corporate Debtor before us, more so, when according to the records produced by the Financial Creditor, the Corporate Debtor seems to be defending its cause in the proceedings pending before DRT I, Delhi as manifest vide order dated 01.03.2017 passed in O.A.218 of 2016. Also despite considerable opportunity being afforded to the Financial Creditor to rectify the defects in relation to service of proper notice of the application as required under IBC, 2016 read with AAA Rules, 2016 on the Corporate Debtor not done, we are constrained to dismiss this Company Petition.
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