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2019 (12) TMI 783 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATAAdmissibility of petition - initiation of CIRP - Territorial Jurisdiction - Jurisdiction of Tribunal to entertain the application - case of applicant is also that Corporate Debtor was not served with any notice - Section 7 of I&B Code - HELD THAT:- Since the Corporate Debtor had been issued various notices and was admittedly served by e-mail and had even written to the representative of the Financial Creditor about the receipt of the email, it could have appeared before this Tribunal and demanded a copy of the application and annexures thereon from the Financial Creditor or from the Tribunal - But, no such attempt was even made by the Corporate Debtor which clearly reflects that the Corporate Debtor had been watching the proceedings till the date of admission of the petition and immediately thereafter filed the present application on 27th February, 2019 challenging the order of admission on the ground of territorial jurisdiction. Service of notice - HELD THAT:- It is worthwhile to mention that when the application was filed by the Financial Creditor, this Tribunal had the necessary territorial jurisdiction to hear and entertain the present application and the Financial Creditor as well as the registry of this Tribunal had repeatedly tried to send notices by various modes to serve the Corporate Debtor and the notices were sent by registered speed post and by e-mail and could be deemed to have been served, even when the proof of actual delivery is not there. Notice was however admittedly received by email by the Corporate Debtor - in the present case the issue relates to the territorial jurisdiction even though this Tribunal had the territorial jurisdiction on the date of filing of the application as well as the jurisdiction to entertain the subject matter i.e. application under Section 7 of the Code. There are no substance in the application and the arguments advanced by Ld. Sr.Counsel for the applicant - application dismissed.
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