TMI Blog2022 (9) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of business to another location. Documents in support of this plea were also appended to the reply. As is evident from the record, the explanation given by the petitioner consortium, that it had shifted its place of business, was not dealt with in the order dated 08.12.2021. List the matter on 15.09.2022. - W.P.(C) 7289/2022 & CM No.22349/2022 - - - Dated:- 30-8-2022 - HON'BLE MR. JUSTICE RAJIV SHAKDHER AND HON'BLE MS. JUSTICE TARA VITASTA GANJU Petitioner Through: Mr Rajesh Jain with Mr Virag Tiwari and Mr Ramashish, Advs. Mr Anil Mehta, Liquidator with Mr Ansoo Saurabh (employee of Pratibha Industries Ltd.) Respondent Through: Mr Anish Roy, Sr. Standing Counsel with Mr Kapil Gautam, Adv. O R D E R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed to appear before the undersigned on 14/07/2021 at 04:27 PM. If you fail to furnish a reply within the stipulated date or fail to appear for personal hearing on the appointed date and time, the case will be decided ex parte on the basis of available records and on merits. Please note that your registration stands suspended with effect from 08/07/2021 6. A perusal of the aforesaid extract would demonstrate, that practically, no reason was furnished for issuance of the SCN. Although, facially, principles of natural justice were sought to be adhered to by the respondent/revenue, the same stood compromised, as nothing was proposed by way of an action that was intended to be taken against the petitioner-consortium. 7. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecify)-During PV conducted on 05.07.2021, the unit was found non-existent at registered premises. In the current request for revocation of cancellation he has not submitted any proof/explanation in this regard 13. Consequently, a reply dated 23.11.2021 to the SCN dated 17.11.2021 was filed by the petitioner-consortium, wherein inter alia information was given as to why the petitioner-consortium s unit was not found in existence at the registered premises. 14. There are two aspects to be noticed at this stage. Firstly, when the earlier SCN was issued, which was on 08.07.2021, nothing of this kind was adverted to in the said SCN i.e., that an inspection had been conducted on 05.07.2021, which revealed that the petitioner-consortium s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the record is, that the lead member of the petitioner-consortium i.e., Pratibha Industries Limited has been ordered to be liquidated by the concerned bench of National Company Law Tribunal [in short NCLT ] in exercise of powers under Section 33 of the Insolvency and Bankruptcy Code, 2016. This order was passed on 08.02.2021. 19. It is in this context, that on 29.07.2022, we had issued notice to the liquidator i.e., Mr Anil Mehta. 19.1 Mr Anil Mehta has joined the proceedings today, albeit via video conferencing (VC). 20. We are informed by Mr Mehta, that he had delegated his powers, inter alia, for contesting this matter to one, Mr Ansoo Saurabh, an officer employed with Pratibha Industries Limited. 21. The record also sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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