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2018 (4) TMI 602 - AT - Insolvency and BankruptcyNo service of notice on the ‘Corporate Debtor’ under Rule 4(3) of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 - Held that:- Adjudicating Authority issued notice recording the date of hearing of the application was not served on the ‘Corporate Debtor’ and returned unserved. It is also not disputed that the address of the ‘Corporate Debtor’ had been changed much prior to filing of the application under Section 7 of the ‘I&B Code’; therefore, it is not clear as to how the ‘Financial Creditor’ filed proof of service of notice on the ‘Corporate Debtor’. The notice was served on one of the Directors, but such service of notice on one of the Directors cannot be treated as service of notice on the ‘Corporate Debtor’, which was the party respondent and not an individual Director. In view of the fact that the rules of natural justice have been violated - Set aside the impugned order dated 22nd December, 2017 which is set aside and remit the case to the Adjudicating Authority, Ahmedabad Bench for fresh decision.
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