TMI Blog2017 (1) TMI 1430X X X X Extracts X X X X X X X X Extracts X X X X ..... ecided that IA 6/2017 basing on the argument of the counsel of Corporate Debtor, because that plea would not survive because hearing has already been given to the Corporate Debtor in the earlier application. Delay has also occurred in passing this order owing to the application filed by the Corporate Debtor. Indeed, this Code has nowhere given any explicit opportunity to the Corporate Debtor to ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thin 14 days from the date of filing creditor petition by ascertaining as to whether petition is in compliance of Section 7 of the Insolvency & Bankruptcy Code, therefore this Bench is under no obligation to hear the Corporate debtor, hence this CA is hereby dismissed even without going into the merits of the application. - C.P. NO. 01/1 & BP/NCLT/MAH/2016 - - - Dated:- 23-1-2017 - B.S. V. Prak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led by the Corporate Debtor is in respect to non-service of notice upon the Debtor, this Bench, believing the statement of the counsel appeared on the corporate debtor behalf, passed orders stating that the argument of non-service of notice would pale into insignificance because this Bench heard on the other CA upon which the corporate debtor vehemently argued. Though it normally does not happen, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arlier CA already adjudicated. Having not raised the said plea along with other application, this Bench hereby held that this application is not entertainable for two reasons, one - the corporate debtor cannot raise objection, because no audience has been given to the corporate debtor in the Code, two - even if right is assumed as exercisable by the Corporate Debtor, since he has not taken this re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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