The National Company Law Appellate Tribunal (NCLAT) at Delhi has ruled that a company cannot complain of inadequate service of notices when it has itself allowed its registered office to remain non-functional for several years.
Dismissing an appeal by the suspended director of AS Infracon Pvt. Ltd., Judicial Member Mohd Faiz Alam Khan and Technical Member Naresh Salecha upheld the initiation of insolvency proceedings against the company.
The bench observed that notices had been sent to AS Infracon’s registered office, which was the address recorded with the Registrar of Companies and available to the lender and the tribunal registry.
“Having admittedly allowed its registered office to remain non-functional for several years in breach of…