2017 (5) TMI 1573

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....Nagesh with Mr. Ashutosh Gupta and Mr. Dhruv Gupta, Advocates for the appellant. ORDER This appeal has been preferred by the appellant who claims to be the operational creditor against the order dated 10th March, 2017 passed by the Learned Adjudicating Authority (National Company Law Tribunal) Mumbai Bench whereby and whereunder the application preferred by appellant for initiation of Corpor....

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.... Before filing of an application under Section 9 it is mandatory to issue a notice under Section 8 of I&B Code, 2016, relevant of which reads as follows: "8(1) An operational creditor may, on the occurrence of a default, deliver a demand notice of unpaid operational debtor copy of an invoice demanding payment of the amount involved in the default to the corporate debtor in such form and manner....

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....n be preferred under Section 9 of I&B Code. Similar question was considered by this Appellate Tribunal in "Era Infra Engineering Ltd Vs Prideco Commercial Projects Pvt Ltd, Company Appeal (AT)(Ins) No.3 1 of 2017". In the said case the Appellate Tribunal vide judgement dated 3rd  May, 2017 rejected the similar contentions that a notice issued to corporate debtor under provision of the Comp....