Alternative statutory remedy under GST bars writ challenge where classification, notice variance, and hearing disputes require factual appellate revie...
Duplicate PAN cancellation timeframe requires prior administrative representation before judicial intervention, ensuring a time-bound decision on the ...
Natural justice and pre-CIRP labour awards protect termination compensation, permitting withdrawal of court deposits despite later insolvency resoluti...
Arbitration of SEZ sub-lease monetary claims preserves rent, maintenance, termination, improvements and damages disputes while unused premises are vac...
Scientific research approval grants a research association tax recognition, subject to annual donor reporting, certification, and regulatory complianc...
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The Appellate Tribunal upheld the dismissal of an application u/s 9 of the Insolvency and Bankruptcy Code due to improper service of notice u/s 8. The notice was issued to Key Managerial Personnel (KMP) of the Corporate Debtor (CD) but not to the CD itself at its registered office as mandated by Rule 5(2)(a) of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. Issuing notice u/s 8 on Form 3 to the CD at its registered office is a prerequisite for filing an application u/s 9 by the Operational Creditor (OC). The Tribunal distinguished the cited case as it dealt with a different issue regarding the nomenclature of the company. Consequently, the appeal was dismissed.
The Appellate Tribunal upheld the dismissal of an application u/s 9 of the Insolvency and Bankruptcy Code due to improper service of notice u/s 8. The notice was issued to Key Managerial Personnel (KMP) of the Corporate Debtor (CD) but not to the CD itself at its registered office as mandated by Rule 5(2)(a) of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. Issuing notice u/s 8 on Form 3 to the CD at its registered office is a prerequisite for filing an application u/s 9 by the Operational Creditor (OC). The Tribunal distinguished the cited case as it dealt with a different issue regarding the nomenclature of the company. Consequently, the appeal was dismissed.
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