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Judgment
Learned Senior Counsel Mr. Arun Kathpalia appears on behalf of the Appellant.
Learned Senior Counsel Mr. Krishnendu Datta appears on behalf of the Respondent No. 1.
In terms of the Order dated 22.11.2021, Learned Counsel for the Appellant filed the Service Affidavit on 30.11.2021, which is taken on record.
In Para 6 of the Service Affidavit which is marked at Page 3 it has been stated that:-
"6.....
b. That the Appellant had also got served a copy of the Appeal to Respondent No. 2 to 11 by the following modes:-
a) By e-mail on November 9, 2021.
b) By speed post on November 10, 2021.
A copy of the speed post receipt along with their respective tracking reports obtained from the website of India Post (www.indiapost.gov.in) and copy of the e-mail sent by the Counsel for the Appellant is annexed herewith as Annexure 2 (Colly) which is marked at Page 7 & 8."
Let the Service Affidavit be kept on record.
The Impugned Order dated 13.10.2021 passed by the National Company Law Tribunal, New Delhi, Principal Bench, in C.P. No. 54/241-242/HDB/2021, whereby, this Appeal is filed before this Appellate Tribunal on 26.10.2021.
Notice were issued on Respondent No. 2 to 11 as Respondent No. 1 had appeared so no Notice is required to be issued.
Further, it appears that the subject matter of this Appeal falls within the Jurisdiction of NCLT, Hyderabad and at the time when Impugned Order was passed the NCLT, Hyderabad Bench was not functioning. So, the matter was heard by NCLT, New Delhi, Principal Bench.
Now, the NCLT, Hyderabad Bench is fully functioning and this Bench take notes of the fact that all the Appeal arising out of the NCLT, Hyderabad Bench lies with NCLAT, Chennai Bench.
So, let this case go out of our list and placed before the Hon'ble Chairperson for passing an appropriate direction in this matter.