https://www.taxtmi.com/caselaws?id=279459 A section 8 demand notice under the Insolvency and Bankruptcy Code must be issued by the operational creditor or by a person duly authorised to act on its behalf and holding a position with or in relation to the operational creditor. The statutory forms show that the notice is not a mere lawyer's communication, but a formal demand that informs the corporate debtor of unpaid operational debt and the consequence of insolvency proceedings on non-payment. An advocate, lawyer, chartered accountant, or company secretary, without such authority and relationship, cannot validly issue the notice. On the stated facts, the lawyer-issued notice was invalid and the insolvency admission could not stand. en-us Mon, 16 Oct 2017 00:00:00 +0530 Mon, 18 Mar 2019 22:59:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279459 A section 8 demand notice under the Insolvency and Bankruptcy Code must be issued by the operational creditor or by a person duly authorised to act on its behalf and holding a position with or in relation to the operational creditor. The statutory forms show that the notice is not a mere lawyer's communication, but a formal demand that informs the corporate debtor of unpaid operational debt and the consequence of insolvency proceedings on non-payment. An advocate, lawyer, chartered accountant, or company secretary, without such authority and relationship, cannot validly issue the notice. On the stated facts, the lawyer-issued notice was invalid and the insolvency admission could not stand. Case-Laws Insolvency and Bankruptcy Mon, 16 Oct 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279459