TMI Blog2023 (8) TMI 747X X X X Extracts X X X X X X X X Extracts X X X X ..... re the same court for setting aside the impugned order by recalling the same but no such effort was made at that time rather the present appeal has been filed. It would be just and expedient if an application is filed by the Appellant in terms of Rule 49 of the Rules before the Adjudicating Authority who has passed the impugned order for the purpose of recalling the same on the ground that the Appellant was never served with the notice of the court and the email was only computer generated, therefore, it does not fall within the ambit of due notice as required by the Rules. The present appeal is hereby disposed of, without commenting on the merits of the case and liberty is extended to the Appellant to file an appropriate application, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Application No. 09 of 2022 under Section 19 of the Code in which first order was passed on 22.11.2022 to the following effect: Mis. A/09(AHM) 2022 Application is filed by Resolution Professional under Section 19 of IBC, 2016 against the ex-directors. Issue Notice to Respondents Nos.1 and 2. List on 30.11.2022 4. It is further submitted that thereafter the case was adjourned to 30.11.2022, 22.12.2022, 19.01.2023, 25.01.2023 and finally on 23.02.2023, the impugned order was passed which read as under: Mis. A/09(AHM) 2022 Applicant is filed U/s19 of IBC, 2016. Learned Counsel for the IRP appeared. No one appeared for Suspended Managemnet inspite of service of notice. We direct the suspended Manage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... representative, file a reply accompanied with an affidavit and along with copies of such documents on which it relies, with an advance service to the petitioner or applicant, to the Registry before the date of hearing and such reply and copies of documents shall form part of the record. 38. Service of Notices and processes.- (1) Any notice or process to be issued by the Tribunal may be served by post or at the e-mail address as provided in the petition or application or in the reply; (2) The notice or process if to be served physically may be served in any one of the following modes as may be directed by the Tribunal; - (a) by hand delivery through a process server or respective authorised representative; (b) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding the actual charges incurred in effecting the service, shall be deposited with the registry of the Tribunal by the petitioner or applicant. 105. Issue of notice. (1) Where notice of an appeal or petition for caveat or interlocutory application is issued by the Tribunal, copies of the same, the affidavit in support thereof and if so ordered by the Tribunal, the copy of other documents filed therewith, if any, shall be served along with the notice on the other side. (2) The aforesaid copies shall show the date of presentation of the appeal or petition for caveat or interlocutory application and the name of the authorised representative, if any, of such party with his full address for service and the interim order, if any, mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he application is called for hearing, the Tribunal may adjourn the hearing or hear and decide the petition or the application exparte. (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 sufficient cause from appearing (when the petition or the application was called) for hearing, the Tribunal may make an order setting aside the ex-parte hearing as against him or them upon such terms as it thinks fit. Provided that where the ex-parte hearing of the petition or ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
