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2023 (11) TMI 265 - AT - Insolvency and BankruptcyPrinciples of natural justice - CIRP - Corporate debtor in liquidation - Appellant is situated in the property of Corporate debtor - mis-appreciation of the facts by the Adjudicating Authority in concluding that the Appellant was actually served and did not choose to appear - HELD THAT:- The entire case of the Appellant, set up in the appeal is that the notice of the application I.A. No. 836 of 2021 should have been served at the registered office address instead of branch address. The Appellant has not denied the fact that the reply to the notice dated 26.04.2021 served by the Liquidator at the branch address was given by the branch of the Appellant. Meaning thereby, the Appellant knew about the proceedings initiated by the Liquidator which was triggered with the issuance of demand notice. Otherwise also from the perusal of the evidence on record, it is clear that service of the notice at the branch office was effected, therefore, it does not lie in the mouth of the Appellant to raise an issue that service was not effected at the registered office and in this regard it cannot take advantage of the averments made in the lease deed about the service of notice at the address given in the lease deed when it had been reacting to the notices, issued to and received at branch office of the Bank. This is not a fit case for interference - appeal dismissed.
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