https://www.taxtmi.com/caselaws?id=308984 Service of the demand notice under Section 8(1) of the Insolvency and Bankruptcy Code, 2016 is a mandatory precondition to a valid Section 9 application; where the notice was returned unserved for insufficient address, the operational creditor had no basis to invoke insolvency, and the application was not maintainable. Admission of the application without notice from the Adjudicating Authority was also unsustainable because notice had to be issued to the corporate debtor in accordance with the NCLT Rules, 2016 and Section 424(2) of the Companies Act, 2013. The admission order, moratorium, appointment of the resolution professional, and consequential insolvency ions were set aside. en-us Wed, 11 Jul 2018 00:00:00 +0530 Fri, 04 Aug 2023 21:24:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308984 Service of the demand notice under Section 8(1) of the Insolvency and Bankruptcy Code, 2016 is a mandatory precondition to a valid Section 9 application; where the notice was returned unserved for insufficient address, the operational creditor had no basis to invoke insolvency, and the application was not maintainable. Admission of the application without notice from the Adjudicating Authority was also unsustainable because notice had to be issued to the corporate debtor in accordance with the NCLT Rules, 2016 and Section 424(2) of the Companies Act, 2013. The admission order, moratorium, appointment of the resolution professional, and consequential insolvency ions were set aside. Case-Laws Insolvency and Bankruptcy Wed, 11 Jul 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308984