2019 (12) TMI 1408

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....d Counsel for the Applicant is present. Upon perusal of the Demand Notice issued under Section 8 of the I&B Code, 2016 by the Operational Creditor, a question was posed as to whether it has been duly erved upon the Corporate Debtor as given under Rules namely Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. The Learned Counsel for the Applicant represents that effo....

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....an e-mail communication has been sent as to complete the service. A perusal of the said e-mail communication which is placed at page 10 of the Application discloses as follows:- "To: Eplt - EPL PURCHASE <[email protected]>, Krishnan Sambudevan <[email protected]>, Eplt - Girish Pallliwal <[email protected]>, Eplt Info <[email protected]>, Rajalakshmi B, <[email protected]>, Sales EPLT <[email protected]>, D....

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....i Vijayan Comparing from the names as given in the Company Master Data as directors to the Corporate Debtor with that of the addresses as disclosed with the e-mail, both the names do not correlate with each other, and therefore, we are unable to ascertain as to whether the Demand Notice was served to the whole time director or designated partner or key managerial personnel as contemplated under....

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....ar, a Notice of Demand is required to be served on the Corporate Debtor in compliance with Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. In the absence of service of Demand Notice upon the Corporate Debtor as required to be served, taking into consideration, the Demand Notice under Section 8 of the I&B Code, 2016 read with attendant Rules, notice of d....