# In the matter of Mahimegha Agritech Pvt. Ltd. I.A. 1291 of 2022 in C.P (IB) No. 230-9-HDB-2022

> NCLT judgment dated 2022-12-01. Citation: TCN-2022-NCLT-00261. The case involves an application (IA 1291/2022) filed by Mahimegha Agritech Private Limited…

- **Court:** NCLT
- **Order date:** 1 Dec 2022
- **Citation:** TCN-2022-NCLT-00261
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mahimegha-agritech-pvt-ltd-ia-1291-of-2022-in-cp-ib-no-230-9-hdb-2022-160f6a61

## Summary

### Background

The case involves an application (IA 1291/2022) filed by Mahimegha Agritech Private Limited seeking to set aside the ex-parte admission order dated 19.10.2022 in CP(IB) No.230/9/HDB/2022, which initiated Corporate Insolvency Resolution Process (CIRP) against the company. The applicant contended that they were not duly served notice of the application filed by Noveltech Feeds Private Limited, the operational creditor, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The applicant argued that mandatory notices were not served, and the demand notice was not dispatched to the registered office. The operational creditor claimed compliance with Section 8 of the IBC, but the applicant highlighted discrepancies in the email address used for communication and

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## Facts

Noveltech Feeds Private Limited filed an application to initiate CIRP against Mahimegha Agritech Private Limited under Section 9 of the IBC. An ex-parte admission order was passed on 19.10.2022, placing Mahimegha Agritech under CIRP. Mahimegha Agritech then filed IA 1291/2022 to set aside this order, arguing lack of proper notice. The registered office of Mahimegha Agritech is located at Flat no 204, Plot no 49&50, Syamala Pride Apartment, Silpa Layout, Opp:JNTU, Near INCOIS, Pragati Nagar Vill, Bachupally Mandal, Telanagana-500090. The demand notice was allegedly sent to a different address. Ms. Chetna Reddy, an advocate, initially appeared stating she was instructed by the Corporate Debtor, but later clarified she was authorized by Vivek Sri Farms Pvt Ltd in a

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## Issues and analysis

### Issue 1: Whether the petitioner has made out sufficient ground for setting aside the ex parte admission …

**Ratio:** Rule 49 of the NCLT Rules, 2016, read with Rule 11, empowers the Tribunal to set aside an

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**Reasoning:** The Tribunal found that the Corporate Debtor was not duly served notice of the

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**Interpretation:** The court interpreted Rule 49 of the NCLT Rules and the principles of natural

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**Application:** The Tribunal applied the ratio to the facts by concluding that the Corporate

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## Parties

- **Judges:** Venkata Ramakrishn…; Satya Ranjan…
- **Appellants:** Venkata Red…
- **Respondents:** Mahimegha…; Noveltech Feeds…

## Timeline

- **2022-08-04 — First Listing of…**: The Company Petition was listed for the first time before the Tribunal. Advocate Ms.…
- **2022-08-04 — Tribunal…**: The Tribunal granted time for filing Vakalat and counter, with a condition that if…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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