2017 (12) TMI 398

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....der dated 24th August, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench, New Delhi whereby and whereunder the application preferred by the respondent (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the 'I & B Code') has been admitted, order of moratorium has been passed, Insolvency Resolution Professional has been appointed and orders have been passed in terms of the I & B code. 2. As the appeal is being decided on a short question of law, it is not necessary to notice all the facts except the relevant one. 3. The respondent (Operational Creditor) issued a demand notice under sub-section (1) of Section 8 of the I & B Code o....

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....efore the Adjudicating authority which was opened there and found all the documents were enclosed therein. The aforesaid stand taken by respondent makes it clear that the notices sent to the Corporate Debtor was not served and returned unserved. 8. Learned counsel for the appellant submits that Form 3 dated 05.06.2017, whereunder the demand notice under sub-section (1) of Section 8 was issued therein list of documents were mentioned which were required to be attached but no such documents were attached. Therefore, according to counsel for the appellant the notice under sub-section (1) of Section 8 was incomplete and therefore the application under Section 9 was not maintainable. 9. However, from the reply dated 28th June, 2017 (at pag....

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....with notice under Section 8(1). Therefore, the oral submissions made on behalf of respondents cannot be accepted. 12. It is also curious to notice that in Form 5 filled up by the Operation Creditor which is the format of application under Section 9 therein, with regard to 'Statutory demand notice under Section 8', the following plea has been taken: "Statutory demand notice under section 8 of Insolvency & Bankruptcy Code, 2016 was issued by OC 10th June, 2017 to CD at its registered office and all its Directors and KMP (Copy of Demand notice in form - 3along with copy of Form -4 and proof of service attached hereto as Annexure F). All the notices issued to CD at Registered office, Corporate office and directors a....