The Interlocutory Application (I.A. 974/2022) was filed by the Financial Creditor to set aside the 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 provided a service affidavit including a copy of the email sent to the corporate debtor's email ID available with the MCA master data. The court deemed this sufficient service of notice.
The Financial Creditor filed a company petition which was dismissed due to non-prosecution, resulting in a default order dated 2022-03-31. The Financial Creditor then filed an Interlocutory Application (I.A. 974/2022) to set aside this default order. The court's initial attempt to serve notice via 'Speed Post' failed. However, the Financial Creditor provided a service affidavit showing that notice was sent to the corporate debtor's email address listed in the MCA master data. The court considered this email service as sufficient. The relevance of the email address being from the MCA master data is that it is considered an official and reliable source for contact information.
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The company petition…
Counsel for the…
The Interlocutory Application (I.A. 974/2022) was filed by the Financial Creditor to set aside the 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 provided a service affidavit including a copy of the email sent to the corporate debtor's email ID available with the MCA master data. The court deemed this sufficient service of notice.
The Financial Creditor filed a company petition which was dismissed due to non-prosecution, resulting in a default order dated 2022-03-31. The Financial Creditor then filed an Interlocutory Application (I.A. 974/2022) to set aside this default order. The court's initial attempt to serve notice via 'Speed Post' failed. However, the Financial Creditor provided a service affidavit showing that notice was sent to the corporate debtor's email address listed in the MCA master data. The court considered this email service as sufficient. The relevance of the email address being from the MCA master data is that it is considered an official and reliable source for contact information.
The company petition…
Counsel for the…