2025 (4) TMI 1781

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....dvocates for R1 Ms. Prabha Prasad, Advocate for R2 ORDER Heard the Learned Counsel for the parties at length. The Appellant (One of Suspended Director of Corporate Debtor) herein questions the propriety of the Impugned Order dated 20.09.2024 as it has been rendered by the Learned NCLT, Amaravathi Bench allowing Section 9 Petition in CP(IB) No.130/09/AMR/2022, wherein the Appellant has been described in the array of parties by the address which has been given therein as to be "M/s. Sudalangunta Sugars Limited, Mayura Nagar, Katur Post, B.N. Kandrika Mandal, Andhra Pradesh - 517 644". The resultant effect of the proceedings had been that the Application under Section 9 of the I & B Code, 2016, was allowed and the Corporate Debtor, M/....

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....f section 8 of the Code, may be delivered to the corporate debtor, (a) at the registered office by hand, registered post or speed post with acknowledgement due; or (b) by electronic mail service to a whole-time director or designated partner or key managerial personnel, if any, of the corporate debtor. (3) A copy of demand notice or invoice demanding payment served under this rule by an operational creditor shall also be filed with an information utility, if any". The Learned Counsel for the Appellant has submitted that the parameters, that has been prescribed for ensuring service of notice on the Corporate Debtor, prior to initiations of proceedings under Section 9 of I & B Code, 2016, requires a satisfaction ....

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....be said that the Appellant has not been served with the notice. But, on the comparative scrutiny of the addresses of the Appellant as detailed in the proceedings under Section 9 which is to be read also with email addresses, as given in the notice, both runs contrary to the actual email address of the "whole time Director" of the Appellant, as well as there has been a marginal difference in the address of the Registered Office of the Corporate Debtor. Since the notice was not validly served, that itself would make the entire proceedings defective and vitiated because, it curtails an opportunity to contest, the demand notice, at the hands of the Appellant before the Learned Adjudicating Authority. On this limited count itself, the Impu....