JUDGEMENT

(07^th January, 2022) Ashok Bhushan, J. 1. This Appeal has been filed against the order dated 16.08.2021 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench-II in IA. 445/2021 filed by the Appellant. Brief facts of the case and sequence of the events necessary to be noticed for deciding this Appeal are:

Company Appeal (AT) (Ins.) No. 966 of 2021 An Application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“I&B Code” for short) was filed by one Shri Amit Kumar Malik against ‘Kindle Developers Pvt. Ltd.’ (Corporate Debtor) being (IB) 470(ND)/2017. Notice was issued by the Adjudicating Authority on 20.11.2017. The Adjudicating Authority on 15.01.2018 recorded that Respondents have been duly served but no one is present on behalf of the Respondents. Respondents were ex-parte proceeded. On 30.01.2018, the arguments were heard in the Application. On 09.03.2018, Application was listed for pronouncement of the order before the Adjudicating Authority and on 09.03.2018, order was pronounced by the Adjudicating Authority admitting the Application under Section 7. One Mr. Yogesh Kumar Tyagi was appointed as Interim Resolution P