2021 (2) TMI 15 - AT - Insolvency and Bankruptcy

Appellate Tribunal Upholds Order on Insolvency Application

Shubham Jain S/o Shri Virendra Jain Versus Gagan Ferrotech Limited, Manju J Homes India Limited

Shubham Jain S/o Shri Virendra Jain Versus Gagan Ferrotech Limited, Manju J Homes India Limited - TMI Issues:Challenge to impugned order admitting application under Section 9 of the Insolvency and Bankruptcy Code, 2016 based on service of Demand Notice and disputed claim.Analysis:1. The Appellant contested the admission order on two primary grounds: non-service of Demand Notice under Section 8 of the Code to the Corporate Debtor and the serious dispute regarding the Operational Creditor's claim. The Appellant argued that the Code does not imply deemed delivery for Demand Notice under Section 8, emphasizing that serving the notice on the Director does not constitute valid service under the law, and the claim dispute was not adequately addressed during the notice or reply stages.2. The central issue in the Appeal was whether serving a Demand Notice under Section 8 on a Director of the Corporate Debtor could be considered as deemed delivery for initiating the Corporate Insolvency Resolution Process under Section 9 of the Code. The Adjudicating Authority observed that the notice was served correctly, and the Corporate Debtor failed to respond or pay the debt, leading to the initiation of the CIRP.3. Referring to a previous case, the Appellate Tribunal highlighted that serving the Demand Notice to the Director, even if the registered office notice was unclaimed, was sufficient for initiating CIRP. The Tribunal emphasized that serving the notice to the Director was in line with the legislative intent of Section 8(1) and fulfilled the mandate of the Code, allowing the Adjudicating Authority to rightly admit the application under Section 9.4. Despite the Appellant's claim of a serious dispute regarding the Operational Creditor's claim, the Appellate Tribunal noted the lack of evidence supporting the dispute before them. Without proper evidence or documentation demonstrating a pre-existing dispute before the Demand Notice, the Tribunal could not rule in favor of the alleged dispute, ultimately leading to the dismissal of the Appeal.5. In conclusion, the Appellate Tribunal found no legal flaws in the impugned order and dismissed the Appeal, emphasizing the importance of serving the Demand Notice correctly and the necessity for evidence to substantiate any claim disputes. No costs were awarded in the judgment.