# 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-02960. The Interlocutory Application (I.A. 974/2022) was filed by the Financial Creditor to set aside…

- **Court:** NCLT
- **Order date:** 29 Apr 2022
- **Citation:** TCN-2022-NCLT-02960
- **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-abd55136

## Summary

### Background

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.

## Facts

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.

## Issues and analysis

### Issue 1: Whether the service of notice to the corporate debtor via email, after the failure of postal …

**Ratio:** Service of notice is considered sufficient if it is reasonably calculated to provide

…

**Reasoning:** The court reasoned that despite the failure of the initial postal service, the email

…

**Interpretation:** The interpretation is that the court is willing to accept alternative methods

…

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

…

## Parties

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

## Timeline

- **2022-03-31 — Default…**: The company petition was dismissed for…
- **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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: 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-abd55136