TaxTMI 
TaxTMI 
2021 (4) TMI 688
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....ng Authority (National Company Law Tribunal, Guwahati Bench, Guwahati) in I.A. No. 45 of 2020 in CP (IB) No. 04/GB/2020 filed by M/s. AKJ Fincap Limited, Appellant herein, interalia seeking setting aside of the ex-parte Order dated 18.03.2020, preferred these Appeals. The Adjudicating Authority dismissed the IA on the ground that the Tribunal has no power to review or set aside its own Company Petition Admission Order as per settled proposition of law. 2. An Application was filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (in Short the 'IBC') filed by M/s. Bank of India (the 'Financial Creditor') and an ex-parte Order was passed by the Adjudicating Authority on 18.03.2020 observing that Notice was served on the 'Corporate ....
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.... 4. Learned Counsel for the Appellant strenuously argued that the Adjudicating Authority has the power to set aside this ex-parte Order, but has erroneously dismissed the I.A. on the ground that the Order dated 18.03.2020 dealt with 'Admission of the Application' filed under Section 7. Submissions on behalf of the Learned Counsel for the Respondent: 5. Learned Counsel appearing for the Respondent contended that service was effected twice by e-mail; that the address mentioned in Company Master Data is C - 8, Greater Kailash - 1, New Delhi, South Delhi - 110048 IN, is the same address mentioned in the Memo of Parties provided in this Appeal; that the 'Corporate Debtor' was dodging receipt of Notice; that the Appellant had never disclosed as....
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....e service of notice on the CD is affected through speed post and also through email dated 28.02.2020. Service is held sufficient. None appeared for the CD. Cd is set ex-parte. 2. Call on for hearing on 31.03.2020." 8. While dismissing the I.A. preferred by the Appellant herein seeking to set aside the ex-parte Order 18.03.2020, the Learned Adjudicating Authority has observed as follows; "11. We have heard both the sides and perused the records. The respondent herein i.e. the learned Counsel for the FC has informed that they had also sent the copy of the petition to the respondent (petitioner here) through email. Further, in the Reply Affidavit on behalf of the FC/respondent to this application, it is stated that the notice has been d....
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....IBC by this Bench on 18.03.2020, is not legally sustainable and accordingly stands rejected." (Emphasis Supplied) 9. Learned Adjudicating Authority has dismissed the I.A. on the ground that they do not have powers to review or set aside the Order of Admission under Section 7. At this juncture, we find it relevant to reproduce Rule 49(2) of the NCLT Rules, 2016; "49. Ex-pate Hearing and disposal.- (1) .... (2) Where a petition or an application has been heard ex-parte against a respondent or respondents, such respondent or respondents may apply to the Tribunal for an order to set it aside and if such respondent or respondents satisfies the Tribunal that the notice was not duly served, or that he or they were prevented by any suf....