Can an ex parte order be passed against a Corporate Debtor after substituted service through newspaper publication? NCLAT answers

The NCLAT was hearing an appeal against an ex parte initiation of corporate insolvency resolution process.

The National Company Law Appellate Tribunal (NCLAT) has held that an ex parte order after substituted service through publication in a newspaper, without exploring modes like email, is not permissible merely because the notice remains unserved because of "insufficient address" of a Corporate Debtor. (Prakash Kalash vs Apeejay Surrendra Park Hotels)

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