The case involves an Interlocutory Application (I.A. 974/2022) filed by the Financial Creditor to set aside a default order dated 2022-03-31, which dismissed the company petition for non-prosecution. The court had previously sent a notice via 'Speed Post,' which was returned undelivered. However, the petitioner included a copy of the email address from the MCA master data in the service affidavit, and the notice was served on the corporate debtor via email.
The Financial Creditor filed a company petition, which was dismissed due to non-prosecution. The Financial Creditor then filed an Interlocutory Application (I.A. 974/2022) to set aside the default order. The court's initial attempt to serve notice via 'Speed Post' failed. However, the petitioner provided evidence of email service to the corporate debtor. The court considered the email service sufficient and restored the company petition. The relevance of the email service lies in demonstrating that the corporate debtor received notice, even though the initial postal service failed.
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Default order issued…
Counsel for the…
The case involves an Interlocutory Application (I.A. 974/2022) filed by the Financial Creditor to set aside a default order dated 2022-03-31, which dismissed the company petition for non-prosecution. The court had previously sent a notice via 'Speed Post,' which was returned undelivered. However, the petitioner included a copy of the email address from the MCA master data in the service affidavit, and the notice was served on the corporate debtor via email.
The Financial Creditor filed a company petition, which was dismissed due to non-prosecution. The Financial Creditor then filed an Interlocutory Application (I.A. 974/2022) to set aside the default order. The court's initial attempt to serve notice via 'Speed Post' failed. However, the petitioner provided evidence of email service to the corporate debtor. The court considered the email service sufficient and restored the company petition. The relevance of the email service lies in demonstrating that the corporate debtor received notice, even though the initial postal service failed.
Default order issued…
Counsel for the…