2019 (6) TMI 76

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e 6 of the Insolvency and Bankruptcy Rules, 2016 by the operational creditor be dismissed with heavy costs in favour of the Respondent Pass such other order and further order as this Hon'ble Court may deem fit and proper in the interest of justice. Prayed accordingly." 2. The main contention of the applicant is that in the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for brevity the 'Code') wherein as per provisions of the Code it is mandatory for the operational creditor to serve the demand notice under provisions of section 8 of the Code at the registered office of the Corporate Debtor. It is further stated that the demand notice dated 4th October, 2017 under Section 8 of the Code was sen....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ment of service of Section 8 notice at registered office of corporate debtor. The applicant further mentioned that against the said order of the Hon'ble Madras High Court dated 24.11.2017, SLP was preferred before the Hon'ble Supreme Court and the said SLP was dismissed by order dated 16.11.2018. Hence, the order of the Hon'ble Madras High Court as on date holds water and is binding on this Tribunal. 3. Ld. counsel has further relied on following judgments: (i) L. Chandra Kumar v. Union of India [1997] 228 ITR 725 (SC); and (ii) East India Commercial Co. Ltd. v. Collector of Customs 1983 (13) E.L.T. 1342 (SC). (iii) Baradakanta Mishra Ex-Commissioner of Endowments v. Bhimsen Dixit [1973] 1 SCC 446; (iv) Union of India v....