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2020 (8) TMI 792 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - ex-parte order - service of notice - it is contended that application filed by the Financial Creditor is not served on the correct address and the notice has also been served upon him - HELD THAT:- The email ID gbincoeatlas@redifmail.com is printed on the letterhead of the Corporate Debtor, therefore, there is no force in the argument of appellant that the said Email ID was used by the staff. This is an after thought. Further it is the duty of the Corporate Debtor to access to his emails and can not take excuse that the same was not in use. Financial Creditor has duly served the Corporate Debtor. We also not e that the Notice dated 25th August, 2019 (Page 27 of Reply of Respondent No.1) was also sent to email ID cs.shubham@gmail.com in addition to email ID gbincoeatlas@redifmail.com of appellant. The email cs.shubham@gmail.com is the email of erstwhile Director of ‘Grand Batteries Pvt Ltd’. We also note notices were also pasted on the premises of ‘Grand Batteries Pvt Ltd’ in which the appellant happened to be Director. The Notice under Section 13(2) of SARFEASI Act was served upon the Corporate Debtor and its sister concern, M/s Nihan Batteries Ltd, (Page 86 and 94 of Appeal Paper Book) at the common address. The IRP made a public announcement on 1.11.2019 as per Rule 6 of Insolvency and Bankruptcy Board of India (Insolvency Resolution for Corporate Persons) Regulations, 2016. In this Public Announcement the name of the Corporate Debtor, Insolvency commencement date in respect of corporate debtor, Corporate Identification No. of corporate debtor etc. is given. This public announcement is for public at large. Even if it is presumed that the appellant was not served at the correct address or at the correct email, this public announcement is made known to each and every citizen of country and the appellant cannot deny it. Therefore, the appellant should have filed the appeal within 45 days from the date of public announcement i.e. 1.11.2019. But the appellant has not done this and taking the irrelevant pleas that the email if not being used by them for the last three years or the email was for the staff etc. Thus, it is established that the Corporate Debtor was duly served, as also observed by the NCLT Jaipur, but did not appear before the NCLT Jaipur and also deliberately filed the appeal before this Appellate Tribunal after a delay of 110 days to delay the process of insolvency of corporation debtor. Further the appellant has also not disclosed that they have attended the 3rd, 4th and 5th COC Meeting. Appeal dismissed.
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