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 under Section 8(1) of the Insolvency and Bankruptcy Code, 2016 - Alternative modes of service including email and publication - Right to prefer a fresh application under Section 9 upon non-receipt of reply or non-payment - Adjudicating Authority to decide uninfluenced by earlier impugned orderService of notice under Section 8(1) of the Insolvency and Bankruptcy Code, 2016 - Alternative modes of service including email and publication - Right to prefer a fresh application under Section 9 upon non-receipt of reply or non-payment - Adjudicating Authority to decide uninfluenced by earlier impugned order - Permissibility of fresh service of the Section 8(1) notice by alternative modes and the course thereafter - HELD THAT: - The notice sent by speed post to the corporate debtor was returned with the remark that the company was not located at the address. The Tribunal allowed the appellant to effect fresh service of the Section 8(1) notice by any mode permissible in law (including but not limited to email or publication in a newspaper), without expressing any view on the sufficiency of particular modes. The appellant was directed that after such service, if no reply is received or the claimed amount is not paid within ten days, the appellant may institute a fresh application under Section 9 of the I&B Code. The Adjudicating Authority was directed to entertain and consider any such fresh Section 9 application in accordance with law and uninfluenced by the impugned order dated 19th July, 2018.Fresh service of the Section 8(1) notice by any legally permissible mode permitted; if no reply or payment within ten days of service, appellant may file a fresh Section 9 application which the Adjudicating Authority shall decide in accordance with law uninfluenced by the impugned order.Final Conclusion: The appeal is disposed by permitting fresh service of the Section 8(1) notice by any mode permissible in law; upon failure of reply or payment within ten days, the appellant may file a fresh Section 9 application, which the Adjudicating Authority shall consider in accordance with law uninfluenced by the impugned order. No costs. 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.