Opportunity to respond to jurisdictional reports is mandatory before customs settlement duty enhancement; connected applications require consistent ad...
Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling with...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4780
Join Channel
TaxTMI 
