2018 (8) TMI 1914 - AT - Insolvency and Bankruptcy

Appellate Tribunal allows re-service of notice on Corporate Debtor for Insolvency application

The Appellate Tribunal permitted the appellant to serve notice on the Corporate Debtor again through any valid method. If no response or payment is ... Service of notice - speed post to the Corporate Debtor has been returned with the remarks that “No such Company is located there” - Section 8(1) of Insolvency & Bankruptcy Code, 2016 - HELD THAT:- The appellant is allowed to take fresh service of notice through any of the mode permissible in accordance with law to the Corporate Debtor or the Directors of the Corporate Debtor - After service of notice and if no reply is received or amount is not paid within 10 days, the appellant may prefer a fresh application under Section 9 of the I&B Code before the Adjudicating Authority who will consider the same in accordance with law uninfluenced by the impugned order dated 19th July, 2018. Appeal disposed off. The Appellate Tribunal allowed the appellant to take fresh service of notice on the Corporate Debtor through any permissible mode. If no reply or payment is received within 10 days, the appellant can file a fresh application under Section 9 of the Insolvency & Bankruptcy Code. The appeal was disposed of with no costs.