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Judgment
Heard Learned Counsel for the Appellant.
This Appeal has been filed against the order dated 20.05.2022 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench, Court-III, by which order the Adjudicating Authority has admitted the Application under Section 9 filed by the Operational Creditor.
Learned Counsel for the Appellant submits that although the Counsel was engaged who appeared before the Adjudicating Authority but due to his lapse, neither written submissions could be filed nor proper pleading can be made. He submits that due to lapse of Counsel, parties should not suffer.
We have heard Learned Counsel for the Appellant and perused the record.
The Adjudicating Authority in paragraph 3 of the impugned order has made following observations:-
“3. The Corporate Debtor has been provided with several opportunities for appearance. After being satisfied that the Corporate Debtor is not interested in pursuing the present petition, this Adjudicating Authority vide order dated 10.11.2021 set Corporate Debtor ex-parte, the relevant extract of the order dated 10.11.2021 is as follows:-
“Counsel for the Operational Creditor is present. Counsel for the Corporate Debtor. During the last hearing on 06.07.2021, it was made clear that if the Corporate Debtor is not present on the next date of hearing, the matter will be decided in absence of Corporate Debtor. Accordingly, this Tribunal proceeds ex-parte as regards Corporate Debtor is concerned for all future proceedings in this matter.”
The Operational Creditor has come up with the case that Demand Notice was sent to the Corporate Debtor on 20.09.2019 which was not replied and further the last payment from Corporate Debtor was received on 30.10.2018 and debt fall due on 30.10.2018. The observations made in paragraph 3 by the Adjudicating Authority clearly indicate that the Corporate Debtor was given several opportunities which was not availed. The proceedings were set ex-parte against the Corporate Debtor by order dated 10.11.2021, when the Corporate Debtor does not appear and makes his submission or plea, the Adjudicating Authority was satisfied about the operational debt and has admitted the Application. No plea has been raised which may result in rejection of the Application.
Learned Counsel for the IRP submits that Section 19 Application has already been filed since Suspended Directors are not co-operating. It will be open for the IRP to press his Application pending before the Adjudicating Authority.
We find that the Adjudicating Authority did not commit any error in admitting Section 9 Application. We do not find any merit in this Appeal. The Appeal is dismissed.