# In the matter of Pricomm Media Distribution Ventures Private Limited I.A. 974-2022 in C.P. (IB)-246(MB)-2022

> NCLT judgment dated 2022-04-29. Citation: TCN-2022-NCLT-02955. The case involves an Interlocutory Application (I.A. 974/2022) filed by the Financial Creditor…

- **Court:** NCLT
- **Order date:** 29 Apr 2022
- **Citation:** TCN-2022-NCLT-02955
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/pricomm-media-distribution-ventures-private-limited-ia-974-2022-in-cp-ib-246mb-2-5b08b36c

## Summary

### Background

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.

## Facts

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.

## Issues and analysis

### Issue 1: Whether the service of notice on the corporate debtor via email is sufficient, despite the initial …

**Ratio:** Service of notice is considered sufficient if it reaches the intended recipient through a

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**Reasoning:** The court reasoned that despite the failure of the 'Speed Post' service, the email

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**Interpretation:** This interprets the requirement of notice to mean that the corporate debtor

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**Application:** In this case, the court applied the ratio by accepting the email service as

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## Parties

- **Judges:** Shri. H. V. Subba…; Chandra Bha…
- **Appellants:** Indiabulls…
- **Respondents:** PRICOMM MEDIA…

## Timeline

- **2022-03-31 — Default…**: Default order issued dismissing the…
- **2022-04-26 — Service Affida…**: Counsel for the petitioner…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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