TMI Blog2021 (12) TMI 286X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the credible evidence placed in support of the fact that Corporate Debtor has been properly served with notice under section 8 of the IB Code, the main petition seeking initiation of CIRP as well as further dates of hearings before this Authority. The Operational Creditor has relied upon various case laws which deal with power of review of orders passed by this Authority and powers available under Rule 11 of the NCLT Rules, 2016. The facts and circumstances of the present Application clearly indicate that the Applicant is effectively seeking recall/setting aside of ex-parte order dated 8.2.2019 and CIRP admission order dated 10.4.2019. It is noted that the said orders have been passed after due consideration of facts and circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on are as follows: a. The Corporate Debtor manages a business process outsourcing business which deals with various factors connected to the IT/ITes industry and based on the reputation of Operational Creditor/Respondent, the Applicant agreed to use the system/resources of the Respondent for running BPO and has made extensive investment to attract the foreign clientele/business. However, applicant noticed the deficiencies and these deficiencies were not rectified even after one month from the commencement of operation. b. It is submitted that the applicant entered into facilities management agreement on 23.05.2018 despite the above deficiencies. It is stated that the deficiencies remained unresolved and the applicant attempted to r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of all the relevant officer of the corporate debtor. e. It is further averred that several high value and high-risk transaction got stopped mid-way due to sudden announcement of CIR Process of Applicant. It is stated that no-payment whatsoever, is due and payable to the Operational Creditor, due to the fact that supply of deficient goods has always been the hall-mark of their business and the entire proceedings before the Hon'ble NCLT has been a sham proceeding. f. It is the case of the applicant that the CIR Process is wholly infructuous as the same has been carried out behind the back of Applicant/Corporate Debtor and by deliberately keeping the corporate debtor in the dark. Hence, reiterated its prayer. 3. The applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rte order in the interest of justice. It is further stated that the application in the present form is maintainable and relied on the Hon'ble Apex Court judgment in Pruthvirajsinh Nodhunba Jadeja (D) by LRs vs. Jayesh Kumar Chhakadas Shah Ors. [Civil Appeal No. 10521 of 2013] dated 04.10.2019. It was held by Hon'ble Supreme Court that non-mentioning of a provision of law does not prove to be fatal to the application. Hence, prayed that Applicant has a good case on merits and it shall be allowed to defend its case in the interest of justice and equity. 5. The Respondent/Operational Creditor has also relied on the judgments of Hon'ble NCLAT. Firstly, it quoted the Company Appeal (AT) (Insolvency) No. 391 of 2021 vide order da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the averments made in the Application before us, as also the Case Laws relied upon by both the parties. In the case before us, it is seen that the Order dated 10.4.2019 admitting Applicant herein to CIRP has been passed after firstly holding the Applicant as ex-parte to the proceedings before this Authority on 8.2.2019. The present Application has been filed by the Corporate Debtor on 10.6.2019 i.e., after two months after the date of admission of CIRP. On careful reading of the present Application, it is more than clear that the applicant seeks to recall/review of the Admission Order dated 10.4.2019 along with the ex-parte order dated 8.2.2019. Both the said orders have been passed by this Authority after careful consideration of facts a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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