2018 (9) TMI 1807

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....ainst Raman  Casting Pvt. Ltd. ("Respondent") for initiation of Corporate Insolvency  Resolution Process ("CIRP") against the Respondent.   2. The Applicant avers in its application that the Respondent is a private limited  company and through its authorized representative/management approached  the Applicant and showed interest in the goods sold by the Applicant. Initially,  the Respondent placed small orders and cleared the dues immediately.  Afterwards, the Respondent started delaying the payments. As per the ledger  accounts maintained by the Applicant a sun of Rs. 7,67,675/- is outstanding  from the Respondent to the Applicant. Despite repeated requests the  Respondent failed to make....

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....ws:   "11. In addition, it is further represented by Ld. Counsel for Petitioner that  prior to the notice taken to Bhubaneshwar office on 13.12.2017 an attempt  was made to serve the office at Delhi of the Corporate Debtor which it is claimed to be the registered office address of the Corporate Debtor, as early  as 13.12.2017. A copy of the said demand notice as issued to the office at  Delhi Of the Corporate Debtor dated 13.12.2017 along with tracking report  has been filed. Perusal of the same, particularly in relation to dispatch proof  at page No. 149 of the petition discloses that there is no affirmative proof as  given by India Post for the delivery of the consignment and also the notic....

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.... office and also the rules provide for appropriate alternative  manner of service upon the whole time director by electronic mail service  proof of which the operational creditor has failed to furnish. Thus, the onus  is on the Operational Creditor to establish that the copies of section 8 notice  which have been marked are served by way of electronic mail service, and  the same is required to be established   13. Ld. Counsel of the operational creditor also makes a submission that  Section 27 of the General clauses Act, 1897 will come into play under the  circumstances which is reproduced for sake of Convenience as under:   "27. Meaning of service by post. - Where any [central ....