- (1.) Ld. Counsels for the petitioner and the respondent are present.
(2.) This CA. (I.B.) No. 237/KB/2017 has been moved by the Corporate Debtor in connection with C.P. (I.B.) No. 251/KB/2017 for affording an opportunity of hearing in the petition of Financial Creditor moved u/s. 7 of the IBC, 2016.
(3.) Applicant has mentioned that he received the copy of the petition at 4.54 P.M. on 26/05/2017 and before that the petition filed by Financial Creditor was heard before this Tribunal and has been reserved for order. The applicant has stated that he was not aware of the date fixed in the matter so he could not appear in the Court,. He further submitted that Financial Creditor has tactfully and for mala fide reasons taken steps to move the petition even when the petition has not been served upon the Corporate Debtor. Such action is against the principle of natural justice and highly prejudicial to the Corporate Debtor. The Corporate Debtor has attached a copy of the postal track report, which shows that the copy of the petition, which was sent to the Corporate Debtor was received by him at 4.54 P.M. on 26/05/2017. It also appears from the record that the petitioner after filing the petition despatched the copy of the petition to the Corporate Debtor through Speed Post on 22/05/2017. Thereafter the case was listed on 26/05/2017 and upto that time it appears that Corporate Debtor has no information about the case.;