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Judgment
Learned Counsel for Petitioner mentioned that proceeding before NCLT is for Respondent No.2 and RP has been appointed for Respondent No.2 only. The proceeding against Respondent No. 1 is ex-parte and as there is no Privity of Contract with Respondent No. 2, hence, the relief against Respondent No. 2 is being dispensed with. This Petition be got decided against Respondent No. 1, for whom the proceeding is ex-parte.
As moratorium is in operation and RP has been appointed with regard to Respondent No.2, but the claim against Respondent No.2 is being dispensed with by Learned Counsel for Petitioner, hence, Respondent No.2 is being discharged from the array of parties. Now only the adjudication is in between Petitioner and Respondent No.1.
Respondent No. 1 is not appearing since long. Hence, a proceeding against him was ex-parte. But as claim was against Respondent No. 1 and Respondent No. 2 both, now Respondent No. 2 has been discharged on today itself and a formal notice is required to be issued to Respondent No.1. Let a notice to Respondent No.1 be issued by office.
List the matter ‘for hearing’ on 12.4.2023.