TaxTMI 
TaxTMI 
2021 (8) TMI 416
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....ith Rule 6 of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for short hereinafter referred to as 'Rules') for initiating Corporate Insolvency Resolution Process (CIRP) in the case of M/s. Pro Sportify Pvt. Ltd. (Corporate Debtor). The registered office of the respondent-corporate debtor is at Gurugram, in the State of Haryana and therefore, the matter falls within the territorial jurisdiction of this Tribunal. The application has been filed in Form 5 as prescribed in Rule 6(1) of the Rules. 2. The facts of the case, briefly, as stated in the petition, are that the petitioner-operational creditor is a Limited Liability company and is one of the top sports/entertainment production houses in India and ....
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.... dated 20.09.2018 in terms of Section 8 of the Code to the respondent-corporate debtor claiming the outstanding amount of Rs. 65,41,590/- along with 12% interest out of which Rs. 30,95,590/- became due from F.Y 2016-17 and Rs. 34,46,000/- became due from F.Y. 2017-2018. Copy of the Demand Notice along with postal receipts and delivery report of the notice are at Annexure-I. The notice was sent to the respondent-corporate debtor in Form 3 and Form 4 as prescribed in Rule 5(1) of the Rules and the same was delivered on 22.09.2018 [Annexure A-I (Colly)]. Breakup of the invoices raised and payment received by the operational creditor are attached as Annexure M. 5. Notice of this petition was issued to the Corporate Debtor on 11.01.2019 to show....
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....t to the Corporate Office address and Okhla address also in addition to the registered office address of the corporate debtor. Though, the demand notice sent to the registered office address was not delivered but the notices sent to Corporate Office address and Okhla address have been duly delivered and served on the respondent-corporate debtor. The respondent-corporate debtor while not denying the service of the demand notice at its Corporate Office address and Okhla office address submits that since the demand notice was not served at its registered office address, the same cannot be treated as valid service. The said submission cannot be accepted, in view of the settled position of law that service of demand notice at the Corporate Offic....