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Judgment
O R D E R
Per : Justice Rakesh Kumar Jain (Oral)]
03.12.2024 This appeal is filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (‘Code’) against the order dated 09.07.2024 passed by National Company Law Tribunal, Ahmedabad, Court-2 (‘Tribunal’) in CP (IB)/21/(AHM) 2023 by which an application filed under Section 9 of the Code has been dismissed as defective.
The Order passed by Tribunal is reproduced as under :-
“Ld. Counsel for the applicant is not able to see the service proof. It appears that the application is filed without proper service and also the respondents have never appeared in the matters from beginning as the address of respondent is not proper. He is also not filing the NeSL certificate as agreed in earlier order. In view of the same, this application is disposed off as defective and not maintainable.”
Today, Mr. Arpit Singhvi, Advocate has appeared on behalf of Respondent and submitted that the Appellant has given the correct address of the Respondent but office of the Respondent was locked for almost two years, therefore, service of the summons could not be affected.
He has very fairly and candidly submitted that there is no fault on the part of the Appellant for not affecting the service. He has further submitted that since, the Respondent is appearing today, therefore, the impugned order may be set aside and the matter may be remanded back to the Learned Tribunal to decide the matter on merits.
In view of the aforesaid facts and circumstances, the Impugned Order dated 09.07.2024 is set aside and the matter is remanded back to the Learned Tribunal to decide the same on merits in accordance with law.
The parties are directed to appear before the Tribunal on 10.01.2025.