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Effective service of a demand notice under Sections 8 and 9 of the Insolvency and Bankruptcy Code is directed to making the corporate debtor aware of the default and proposed insolvency action. Service sent to the respondent's email address recorded on the MCA portal was treated as valid electronic service. The NCLAT further held that, if the Adjudicating Authority doubted proof of service, it should have given the appellant an opportunity to place material and explain compliance before rejecting the Section 9 application. Dismissal on a ground raised by the Tribunal without hearing the appellant, especially where the respondent remained ex parte, was held perverse. The rejection order was set aside and the matter remitted for fresh decision on merits.
Effective service of a demand notice under Sections 8 and 9 of the Insolvency and Bankruptcy Code is directed to making the corporate debtor aware of the default and proposed insolvency action. Service sent to the respondent's email address recorded on the MCA portal was treated as valid electronic service. The NCLAT further held that, if the Adjudicating Authority doubted proof of service, it should have given the appellant an opportunity to place material and explain compliance before rejecting the Section 9 application. Dismissal on a ground raised by the Tribunal without hearing the appellant, especially where the respondent remained ex parte, was held perverse. The rejection order was set aside and the matter remitted for fresh decision on merits.
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