If an application is filed in terms of NCLT Rule 49 before Adjudicating Authority who has passed an order for the purpose of recalling on the ground that the Appellant was never served with the notice of the court and the email was only computer generated, it does not fall within the ambit of due notice as required by the Rules – Suniel Dhandhania & Anr Vs. Dr. Vichitra Narayan Pathak IRP/RP for Golden Tabacco Ltd. – NCLAT New Delhi
NCLAT held that it would be just and expedient if an application is filed by the Appellant in terms of Rule 49 of the Rules before the Adjudicating Authority who has passed the impugned order for the purpose of recalling the same on the ground that the Appellant was never served with the notice of the court and the email was only computer generated, therefore, it does not fall within the ambit of due notice as required by the Rules.
