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2023 Supreme(Online)(NCLAT) 1213

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Hon'ble Justice M. Venugopal (Member(Judicial)) , Hon'ble Ms. Shreesha Merla (Member (Technical)) ,
Divya Prabhas Developers Pvt. Ltd – Appellant
Versus
Tapaswi Infra Projects India Pvt Ltd – Respondent


ORDER

(Virtual Mode) 10/04/2023: ‘Heard’, the Learned Counsel, Mr. T.K. Bhaskar, appearing for the ‘Appellant’, in the Instant Company Appeal (AT) (CH) (Ins) No. 377 of 2023. ‘Notice’ to the ‘Respondent’, sent through ‘Speed Post’, by the ‘Office of the Registry’, got returned with an endorsement, ‘Left without Instructions- Returned to Sender’.

Considering the fact that according to the Learned Counsel for the ‘Appellant’, the ‘Notice’, which was sent to the ‘Respondent’, is to the ‘Proper’ and ‘Correct’ address, as found in the Adjudicating Authority’s/ Tribunal’s Records and also in the ‘Ministry of Corporate Affair’s Records’, this ‘Tribunal’, without any haziness, holds that the ‘Service’ is held ‘Sufficient’. The Respondent’, is called ‘Absent’ and the Instant ‘Appeal’, is proceeded further by this ‘Tribunal’, for passing ‘Judgement’.

The Learned Counsel for the ‘Petitioner’/ ‘Appellant’, in IA(IBC)/482/2022 in C.P. (IB) No. 598/7/HDB/2019, on the file of the ‘National Company Law Tribunal, Hyderabad Bench, Court – II, has preferred the instant Company Appeal (AT) (CH) (Ins) No. 377 of 2022, before this ‘Tribunal’, assailing the Correctness, validity and Legality


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