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2017 (11) TMI 43 - Tri - Insolvency and BankruptcyCorporate Insolvency resolution process - mandatory on the ‘adjudicating authority’ to issue notice to the Respondent Corporate Debtor ignored - Held that:- Before admitting an application filed under Sections 7 and 9 of the Code ex parte, it is mandatory on the ‘adjudicating authority’ to issue notice to the Respondent Corporate Debtor, in addition to the statutory notices provided under the Code and Rules. In the present case neither the Respondent Corporate debtor has appeared nor has a limited notice as stated above been issued by this Tribunal to the respondent corporate debtor in the line of precedent laid down by the Hon’ble NCLAT. As a sequel to the above discussion, let a notice be served at the registered office of the Respondent Corporate debtor by way of speed post and also on registered e-mail id of the corporate debtor returnable on 6th October, 2017. Process Dasti as well. The applicant shall file affidavit of proof of service of notice by the ensuing date of hearing.
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