Only because the person receiving notice at the address of the Corporate Debtor does not put designation by itself is no reason to straight away dismiss the application of the Financial Creditor – IL&FS Financial Services Ltd Vs. Emerald Lands (India) Pvt. Ltd.-NCLAT
The Application filed by the Appellant under Section 7 of the Code against Emeraid Lands (India) Pvt. Ltd. has been dismissed by the Adjudicating Authority on the ground that notice has been served upon the Corporate Debtor in person. However, on the face of the letter of service, it is evident from the same that the person has not identified as to designation of the said person or official seal has been affixed on behalf of the Corporate Debtor. In the circumstances, since all modes of services was permitted. Let the petitioner ascertain service should have been attempted through all modes available to the registered office of the Corporate Debtor. It is not sufficient for the petitioner to state that having served the notice in person which is questionable as the person who has signed has not divulged as to in which capacity he/she has received the notice on behalf of the Corporate Debtor. NCLAT set aside the impugned order and remit the case to the Adjudicating Authority to decide the application on its merit after hearing all the parties.
