TaxTMI 
TaxTMI 
2019 (10) TMI 281
X X X X Extracts X X X X
X X X X Extracts X X X X
....d, a Corporate entity having its Registered Office at Kolkata, hereinafter referred to as the "Operational Creditor" through its authorized representative Mr. Partha Sarathi Sinha, authorised by the Board of Directors vide Board Resolution dated 30.10.2018, against M/s. Trishna Skyscraper Limited, having its Registered Office at Kolkata, West Bengal, hereinafter referred to as the Corporate Debtor. 2. It is submitted in the petition that on the request of Corporate Debtor conveyed to the Operational Creditor vide various purchase orders issued from time to time, the Operational Creditor had supplied M-25 and M-30 Grades of Ready Mix Concrete to the Corporate Debtor's site at Spring City, Kantabada, Chandaka, Bhubaneswar, Orissa and Challan....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ightful demand or any part thereof. 5. The Corporate Debtor through One of its Directors viz., Shri Satyabrata Dhir, vide e-mail dated 14th July, 2016 confirmed and acknowledged the outstanding dues and informed the Operational Creditor that they would make the payment till 14th August, 2016 but no such payment has been received till date by the Operational Creditor. In these circumstances, it is stated that the Operational Creditor was constrained to issue a notice in prescribed Form-3 under the Insolvency and Bankruptcy Code upon the Corporate Debtor on 4th December, 2018 (posted on 5th December, 2018) and it is duly served at the registered office of the Corporate Debtor. 6. It is further submitted that the notice was returned unserved....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ell as by post but the notice sent by post has not been served for the reason as the addressee left without instructions. Therefore, this Tribunal directed to repeat the notice by post and the matter was listed on 17.06.2019. On 17th June, 2019 also, nobody appeared on the side of the Corporate Debtor and the Ld. Counsel appearing on the side of the Operational Creditor filed affidavit of service proving attempt of service of notice to the Corporate Debtor by way of post as well as by e-mail and submitted that notice served by post was undelivered and returned with the remarks "addressee left without instructions". Corporate Debtor is called, absent and declared ex-parte. 9. Before going into the merits of the case, it was noticed that the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ses of this section, a "demand notice" means a notice served by an operational creditor to the corporate debtor demanding (payment) of the operational debt in respect of which the default has occurred." 11. In view of the facts that the notice dated 4th December, 2018 though stated to have been sent by the Operational Creditor by post to the Corporate Debtor, but it could not be delivered due to the absence of the Corporate Debtor at its registered address. Section 8(1) specifically mentions that an Operational Creditor may, on the occurrence of a default, ''deliver a demand notice of unpaid Operational Debt". Section 8(2) also specifically mentions that "the Corporate Debtor shall, within a period of ten days of the "receipt of the demand....