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2018 (4) TMI 602

tice 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’. .....

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vate Limited ( Corporate Debtor ) against the order dated 22nd December, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench in CP. No. (IB) 140/7/NCLT/AHM/2017, whereby and whereunder the application preferred by the Respondent- Financial Creditor under section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as I&B Code ) has been .....

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ondent. Registry of this Tribunal also issued notice to the respondent but it was returned unserved. None appeared for the respondent. Respondent has not filed any objections. Heard arguments of learned counsel for the petitioner. 3. It is further submitted that the address of the Corporate Debtor was changed more than a year prior to the filing of the application under section 7 of the I&B Co .....

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t is not clear as to how the Financial Creditor filed proof of service of notice on the Corporate Debtor . 6. Learned counsel appearing on behalf of the Respondent submits that 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 Directo .....

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nal ), will appear before the Adjudicating Authority on 22nd March, 2018 at 10.30 a.m. The Financial Creditor will also appear before the Adjudicating Authority on the said date i.e. 22nd March, 2018. The Adjudicating Authority thereafter, will fix a date of hearing in presence of the Appellant or representative of the Corporate Debtor and after hearing the parties will pass appropriate order in a .....

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