Page 815 - IBC Orders us 7-CA Mukesh Mohan

Order Passed Under Sec 7
By Hon’ble NCLT New Delhi-II Bench

IN THE NATIONAL COMPANY LAW TRIBUNAL
NEW DELHI BENCH

C.P. (I.B.) No. 359/7/NCLT/ND/2017

Decided On: 28.09.2017

Applicant: Geo Metal Resources Pvt. Ltd. & Anr.
VS
Respondent: M/s ABW Infrastructure Ltd.

Judges/Coram:
Hon'ble Sh. R. Varadharajan, Member Member (J)

Counsels:
For Appellant/Petitioner/Plaintiff: Mr. Ashish Virmani, Ms. Tanisha Khaitan, Learned Advocates

For Respondents/Defendant: None

ORDER

Hon'ble Sh. R. Varadharajan, Member Member (J)

1. This is a joint application filed under section 7 of the Insolvency and Bankruptcy Code, 2016 (for
brevity 'the Code') read with rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating
Authority) Rules, 2016 (for brevity 'the Rules') with a prayer for initiation of Corporate Insolvency

resolution process in respect of Respondent corporate debtor.

2. It is seen from the records that the matter came up for hearing for the first time on 19.09.2017, when

adjournment was granted on the ground that the date of hearing mentioned in the notice to the Respondent
was 21.09.2017. On 21.09.2017 a tracking report in respect of delivery of petition to respondent corporate
debtor has been placed on record.

3. Admittedly no one has appeared on behalf of the Respondent corporate debtor. In the present case a
post filing notice as required under sub-rule (3) of Rule 4 of the Insolvency and Bankruptcy (Application

to Adjudicating Authority) Rules, 2016 has been sent to the corporate debtor. Nevertheless the respondent
has not appeared till date.

4. As per Section 424 of Companies Act, 2013 the adjudicating authority is supposed to follow the rules
of natural justice before passing any order. Reasonable opportunity has to be mandatorily provided by

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