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2021 (2) TMI 888 - Tri - Insolvency and BankruptcyMaintainability of petition - service of notice to Corporate Debtor - Rule 49(2) of NCLT Rules, 2016 - HELD THAT:- It appears that the petition was admitted by this Adjudicating Authority after taking the proper measure to serve the notice of hearing to the Corporate Debtor. Moreover, multiple times notice has been sent to the Corporate Debtor but, the corporate Debtor refused to accept the notice which was itself sufficient to admit the matter in CIRP. Even after, evading the service of notice by the corporate debtor, this Authority has advised the operational creditor for paper publication which has already been made. As per Rule 49(2) of NCLT Rules, 2016, it is clear that averment made by the respondent for non-receipt of notice is not sustained as Corporate Debtor refused to accept the notice, Moreover, Paper publication has also been made. Hence, in view of this, the present application is liable to be dismissed. Further, Rule-49(2) of NCLT Rules, 2016 comes into play only when the matter is disposed of in a summary manner generally for want of prosecution. Otherwise, the said rule is applicable only for the purpose of setting aside the order of Ex-parte hearing. When the matter is decided, though Ex-parte, on mertis after due consideration and material available on record, this rule cannot be pressed into service - application dismissed.
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