N.V. Ramana, J. - (1.) This appeal is directed against order dated 08.02.2019, passed by the National Company Law Appellate Tribunal, New Delhi ["the NCLAT"], in Company Appeal (AT) (Insolvency) No.788 of 2018, whereby the order of the National Company Law Tribunal, Calcutta ["the NCLT"] dated 10.10.2018 was set aside and the NCLT was directed to admit the application filed by respondent no.1 against the appellant under Section 7, IBC.
(2.) Aggrieved by the said order, the appellant has preferred the instant appeal.
(3.) Mr. Kapil Sibal, learned senior counsel appearing on behalf of the appellant, assiduously urged that the appellant's right to be heard, audi alteram partem, one of the principles of natural justice, has been violated in as much as the appellant has neither been served with notice of appeal before the NCLAT nor been given a hearing before it. The learned senior counsel further submitted that the impugned order passed by the NCLAT is contrary to law as it failed to comply with the procedure laid down under the NCLAT Rules, 2016 ["NCLAT Rules"], specifically Rule 48, which clearly provides that pursuant to issuance of notice by the NCLAT, the copy of the appeal and documents filed therewith, if any, shall be served along with the notice on the other side. He further submitted that though notice was directed to be issued by the NCLAT, the same was never received by the appellant herein and the NCLAT passed order without hearing the appellant, erroneously noting that it has heard all the parties.;