https://www.taxtmi.com/caselaws?id=403389 Compliance with the section 8 demand notice requirements under the Insolvency and Bankruptcy Code is a mandatory precondition for a section 9 operational creditor application. Where the notice is not served in Form 3 or Form 4 and does not include the requisite particulars and supporting documents needed for the corporate debtor to verify the claim and respond, the defect is substantive, not merely technical. On that basis, the section 9 application was held not maintainable and dismissed, as non-compliance with the statutory notice framework vitiates initiation of CIRP. en-us Mon, 25 Jan 2021 00:00:00 +0530 Thu, 28 Jan 2021 10:50:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=403389 Compliance with the section 8 demand notice requirements under the Insolvency and Bankruptcy Code is a mandatory precondition for a section 9 operational creditor application. Where the notice is not served in Form 3 or Form 4 and does not include the requisite particulars and supporting documents needed for the corporate debtor to verify the claim and respond, the defect is substantive, not merely technical. On that basis, the section 9 application was held not maintainable and dismissed, as non-compliance with the statutory notice framework vitiates initiation of CIRP. Case-Laws Insolvency and Bankruptcy Mon, 25 Jan 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=403389