TMI Blog2019 (4) TMI 392X X X X Extracts X X X X X X X X Extracts X X X X ..... above. The Adjudicating Authority failed to appreciate the relevant facts while passing the impugned order. For the reasons aforesaid, we set aside the impugned order dated 17th August, 2018 and remit the matter to the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, Ahmedabad to admit the application under Section 9 in absence of any pre-existing dispute and paper being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same on the ground of limitation. 2. Notice was issued on Respondent but the Corporate Debtor do not choose to appear. In the circumstances, we heard the case on merit and following observations were made on 11th December, 2018:- ORDER Learned counsel for the Appellant submits that Adjudicating Authority wrongly rejected the application preferred by Appellant under sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce a Respondent has not appeared. However, to give another opportunity we issue fresh notice on Respondent by email only. Dasti service is permitted. Appellant will also produce a copy of this order before the management of concerned officers of the Respondents. If Respondent so choose not to appear, we may pass order ex-parte on basis of records and observations made in the appeal. Place th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m of appellant is not barred by limitation, for the reasons already noticed on 11th December, 2018 and recorded above. The Adjudicating Authority failed to appreciate the relevant facts while passing the impugned order. 6. For the reasons aforesaid, we set aside the impugned order dated 17th August, 2018 and remit the matter to the Adjudicating Authority (National Company Law Tribunal), Ahmedab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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