2021 (1) TMI 186 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI - Insolvency & Bankruptcy

Head Note / Extract:
Service of notice - Direction to the Respondent (who was not yet served) to settle the issue - HELD THAT:- If the Respondent is not served, it has to be ensured that the Respondent is served with the Notice. If the Respondent has been served and does not appear, the Adjudicating Authority would be required to consider if the Application under Section 9 of IBC is complete and if there is debt due and default as required by the law. If application is complete, it has to be admitted. The present order however directs the Respondent to settle the issue who had not appeared before the Adjudicating Authority, which is most inappropriate. Petition is restored to the file of Adjudicating Authority (NCLT Bengaluru Bench) - appeal allowed by way of remand.