2019 (3) TMI 194

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....br>Mr S. J. Mukhopadhaya, Chairperson And Mr Bansi Lal Bhat, Member (Judicial) For The Appellant : Ms. Divya Aggarwal, Advocate For The Respondent : None JUDGMENT SUDHANSU JYOTI MUKHOPADHAYA, J. The Appellant - 'M/s Alloysmin Industries' filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as 'I&B Code') for initiation of Corporat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Registered Office address of 'M/s Raman Casting Private Limited' was returned with remark "S/A RTO", the demand notice under Section 8 issued at Industrial Area Office was duly served on the Corporate Debtor. 3. Notices were issued on 'M/s Raman Casting Private Limited' both in the Registered Office at House No. 275, Village Dera, South West Delhi, Delhi - 110074 and Industrial Area Office at P....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....w Tribunal), New Delhi, Bench III, we find that the Adjudicating Authority noticed that the demand notice was sent by the Appellant to the Corporate Office of the Respondent, which was duly received by the Respondent. The corresponding dispatch proofs and tracking report was placed by the Appellant but inspite of the same the Adjudicating Authority rejected the application under Section 9 on the g....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tice is to be served on the Registered Office of the Corporate Debtor and not on Corporate Office (Industrial Area Office herein). If the demand notice under Section 8 (1) is served on Corporate Debtor either on its Registered Office or its Corporate Office, it should be treated to be valid service of notice under Section 8 and application under Section 9 on failure of payment, if filed after 10 d....