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2017 (9) TMI 854
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....lier filed an application under Section 433(e) of the Companies Act, 1956 with a prayer for winding up the respondent company before the Hon'ble Delhi High Court and then filed an affidavit of compliance dated 5.6.2017 before this Tribunal showing that a demand notice dated 23.05.2017 under the provisions of Section 8 of the Insolvency and Bankruptcy Code, 2016 (for brevity 'the Code') has been sent by speed post which was delivered to the respondent on 26.5.2017. A perusal of the demand notice shows that the petitioner claims himself to be an 'Operational Creditor' because the demand notice is issued under Section 8 of the Code. However, in the affidavit dated 5.5.2017 the petitioner claims that it was filing an applica....
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....cular, Clause 5 thereof was transferred before the Hon'ble Tribunal vide order dated 20.03.2017. 4. I say and submit that the said petition under the Companies Act, 1956 may be treated and considered under new Act in accordance with the law. 5. I say and submit that the petitioner is filing an application under sub-rule (1) of rule 7 of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 against the respondent company. Copy of the said application is annexed herewith as Annexure A- 1. 6. I say and submit that the petitioner propose to appoint Mr. Mukesh Kumar Grover as an insolvency professional registered with The Indian Institute of Insolvency Professionals of ICAI having registrati....
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....I say and submit that the contents of above paras No. 1 to 10 are true and correct to the best of my information, no part of it is false and nothing material has been concealed thereby.' Para 5 of the affidavit categorically states that the petitioner was filing an application under sub-rule (1) of rule 7 of insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 whereas in the notice of demand dated 23.5.2017 it is projected that the notice was issued under Section 8 of the Code. The affidavit dated 5.6.2017 reads as under:- "1. That I am the authorized representative of the petitioner company in the above noted case and am well conversant with the facts of the case. I am thus competent to swear ....