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2022 (10) TMI 248 - Tri - Insolvency and BankruptcyService of Notice of the Company Petition by the Respondent/Financial Creditor or not - Principles of natural justice - petitioner was set aside ex-parte - seeking to provide an opportunity to file its counter and contest the Application - HELD THAT:- Any notice or process to be issued by the Tribunal may be served by post or at the email address as provided in the petition or the application or the reply. It is the admitted case of the financial creditor that the notice taken pursuant to the direction of this Tribunal returned on 04.05.2022 with the postal endorsement "No such person in the Address". In so far as the purported email said to have been sent to the corporate debtor is concerned, no record or an affidavit of the Company Petitioner has been filed confirming the delivery of the purported email. Thus, a clear case of non-service notice of Company Petition on the Corporate debtor/petitioner stands established. There are force in the submission of the Ld. Counsel for the Applicant that the Applicant was not duly served as mandated under the rule referred supra, besides satisfied that Applicant Corporate debtor was not duly served of the notice in the Company Petition. Hence it is a fit case to invoke the power of this Tribunal under Rule 49 R/W Rule 11 of NCLT Rules. Therefore, in the interest of justice, this application is allowed by setting aside our order dated 18.07.2022. Application allowed.
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