ORDER

(Hybrid Mode)

[Per: Justice Mohd. Faiz Alam Khan, (Oral)]

12.05.2026: Heard Shri Asav Rajan, Ld. Counsel for the Appellant. Nobody is present for the Respondent and vide order dated 27.02.2026 the proceedings of this appeal were directed to be proceeded ex-parte against the sole Respondent/CD as despite being sufficiently served nobody is/was present before this Appellate Tribunal on its behalf.

2. The instant appeal has been preferred by the appellant against the impugned judgement dated 13.03.2025 passed by the National Company Law Tribunal, New Delhi Bench (Court-II) (Adjudicating Authority) in CP IB No. 33/ND/2025 filed by the Appellant under Section 7 of the Code whereby the petition filed by the appellant has been dismissed for want of taking the steps to serve the Respondent.

3. The factual matrix relevant for the purpose of disposal of this appeal appears to be that appellant has filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (Code) for initiation of CIRP against the Respondent/CD and the petition was for the very first time came before the Ld. Adjudicating Authority on 28.01.2025 and on the request of the applicant/appellant the hearing of the petition was deferred to 31.01.2025 and on 31.01.2025 there was some power failure and the DMS was not working and in this background Ld. Adjudicating Authority has deferred the hearing of the petition to 17.02.2025 and on 17.02.2025 the order was passed by Ld. Adjudicating Authority to serve the Respondent through all modes i.e. by registered post, speed post, courier service and e-mail and also to file the affidavit of service and the matter was next listed on 28.02.2025.

4. It is further reflected that on 28.02.2025, Ld. Counsel for the applicant/appellant made a submission before the Ld. Adjudicating Authority that the order dated 17.02.2025 could not be uploaded on DMS and therefore no steps to serve notice upon the CD/Respondent would be taken.

5. Keeping in view the submissions made by Ld. Counsel for the applicant/appellant before the Ld. Adjudicating Authority, the Ld. Adjudicating Authority has directed to issue fresh notice to the Respondent by way of e-mail on the registered e-mail of the CD which is available with the petitioner and also on the e-mail of the CD which is registered with the MCA and also by hand i.e. Dasti and the next date of hearing was fixed as 13.03.2025.

6. It is further reflected that on 13.03.2025 the Ld. Adjudicating Authority has passed the impugned order whereby the petition filed by the Appellant/Applicant under Section 7 of the Code was dismissed on the ground that the steps have not been taken by the Appellant/Applicant to serve notice upon the Respondents.

7. Ld. Counsel for the appellant while drawing our attention towards the dates of listing of the petition before the Ld. Adjudicating Authority i.e. 28.01.2025, 31.01.2025, 17.02.2025, 28.02.2025 and 13.03.2025 submits that admittedly on 28.01.2025 the petition was first presented before the Ld. Adjudicating Authority and it was adjourned at the behest of the appellant and on 31.01.2025 the DMS was not working and therefore the Ld. Adjudicating Authority was compelled to adjourn the proceedings of the case and the next date of the hearing was fixed on 17.02.2025 and direction was given to the appellant to take steps to serve the Respondent.

8. It is further submitted that the order dated 17.02.2025 was in fact uploaded on 28.02.2025 and on the submissions made by the Counsel for applicant/appellant before the Ld. Adjudicating Authority that the order has not been uploaded the direction was given to issue the fresh notice.

9. It is next submitted that the order dated 28.02.2025 was also uploaded on 17.03.2025 when the next date of the listing of the petition was 13.03.2025 and therefore the impugned order has been passed by the Ld. Adjudicating Authority without noticing that the order dated 28.02.2025 has not been uploaded, even till the date of passing of impu