NCLT Rule 49 gives ample jurisdiction to Adjudicating Authority to proceed for ex parte as Corporate Debtor does not appear | “Appearance” as contemplated under Rule 49(1) of NCLT Rules, 2016 is appearance by Corporate Debtor or by an Authorised Representative – Ashok Tiwari Vs. DBS Bank India (Ltd.) and Anr. – NCLAT New Delhi

Hon’ble NCLAT held that from Rule 49(2) of the NCLT Rules, 2016, it is clear that where a petition or an application has been heard ex-parte against a respondent or respondents, such respondent or respondents may apply to the Tribunal for an order to set it aside and if such respondent or respondents satisfies the Tribunal that the notice was not duly served, or that he or they were prevented by any sufficient cause from appearing (when the petition or the application was called) for hearing. The second ground on which order can be recalled is where he or they were prevented by any sufficient cause from appearing. Present is not a case where it can be said that the corporate debtor was prevented by any sufficient cause from appearing.

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