2020 (9) TMI 1116

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....hority, NCLT, Ahmedabad Brach, Ahmedabad in C.P. No. (IB)/670/NCLT/AHM/2019. The Adjudicating Authority dismissed the Application of the Appellant which was filed under Section 9 of Insolvency and Bankruptcy Code, 2016 (In short I & B Code). The Appellant claimed that as Contractor he had done construction works for the Corporate Debtor which were of civil nature. The Appellant claimed that the Appellant had raised invoices between 03rd October, 2017 and 21st January, 2018 and had received part payments after adjusting which Rs. 1,45,716/- was still due. 2. It appears from the Impugned Order that the Corporate Debtor was served and the Learned Counsel for the Corporate Debtor (Kalon Beauty and Healthcare Services LLP) appeared and took t....

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....ome malicious intent so as to pressurize the corporate debtor, where the legislation intention is purely based on the resolution of the company. That, the operational creditor also failed to show that the corporate debtor is insolvent. 15. Under the facts and circumstances as discussed herein above, the application, so filed by the applicant is not maintainable and, therefore, stands dismissed." 3. Thus, the present Appeal has been filed. 4. The Learned Counsel for the Appellant is submitting that the Adjudicating Authority should have admitted the Application under Section 9 of Insolvency and Bankruptcy Code, 2016, as the Corporate Debtor had failed to file any Reply- Affidavit and thus, the Application should have been trea....

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....strapur, Ahmedabad - 380015." 6. Now, if the Section 9 Application at Annexure A/14 is seen in part-II of the Format, the address given of the Corporate Debtor is as under: "3 F.F. Indraprasth Corporate, Opposite Venus Atlantis, Besides Safal Pag, Prahaladnagr, Ahmedabad-380015." 7. Clearly, the Addresses do not match and service of Notice under Section 8 on Corporate Debtor cannot be accepted. The Learned Counsel is relying only on the Postal Cash Receipts which are at Page 44 which relate to booking of the document with the Postal Authorities. The Respondent did not appear or did not contest. That would not be material looking to the fact that it is burden on the Operational Creditor to make out a....