The publication of notice in the newspaper, no effort was not made for serving the notice through email – Prakash Kalash Shareholder & Member of suspended Board of Directors M/s Gurusukh Vintrade Service Pvt Ltd Vs. M/s Apeejay Surrendra Park Hotels Ltd – NCLAT New Delhi
NCLAT held that it is clear that the Court notice issued against the Corporate Debtor could not be served on account of insufficient address; after that, the Adjudicating Authority passed an order of publication of notice in the newspaper. Based on the publication of notice in the newspaper, service was held sufficient, and the Court passed an order to proceed the case ex-parte against the Corporate Debtor. In the present case, the notice issued against the Corporate Debtor returned unserved because of “insufficient address”. After that, without exploring the possibility of service by other modes like email, the Adjudicating Authority passed the order for substituted service by publication of notice in the newspaper. In such circumstances, passing of an order for an ex-parte hearing against the Corporate Debtor, based on substituted service, cannot be held proper in the light of the law laid down by Hon’ble Supreme Court in the Neerja Realtors (P) Ltd. Vs. Janglu2018 (2) SCC 649.
