AI Drafter 
TaxTMI 
TaxTMI 
2026 (4) TMI 11
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.... proceedings by invoking the provisions contained under Section 9 of the I & B Code, 2016. By virtue of the impugned under challenge, i.e., 18.11.2024, as it was rendered in C.P.(I.B.) No. 6/9/AMR/2024, said Section 9 application has been rejected. Being aggrieved against the said order, the Appellant is before this Appellate Tribunal. When the company appeal was instituted before this Appellate Tribunal on 18.12.2024, by an order passed by this Appellate Tribunal on 07.03.2025, the Respondents were noticed. And ever since the proceedings were taken up after 07.03.2025, the Respondent had not put an appearance nor had controverted the pleadings raised in the company appeal. Hence, they are directed to proceeded ex-parte. 2. Even otherwis....
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....ved by the Ld. Tribunal in the impugned order, particularly that as contained in Para 5 (L), that the Operational Creditor had not been able to show and prove the delivery of the statutory demand notice as contemplated under Section 9(5)(ii)(c) of the I & B Code and that, due to inability of the Appellant to supply the prerequisites of proof to establish the service of notice under Section 8 of the I & B Code, the application preferred by the Appellant under Section 9 of the I & B Code, is being dismissed. 5. The Ld. Counsel for the Appellant, while extending his argument as against the aforesaid finding, which has been recorded by the Ld. Tribunal, deriving it as to be the basis for rejecting the application under Section 9 of the I & B....
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....he official email address, as reflected against the address of the Respondent and in that eventuality, the presumption would be that the Respondents was effectively served with the notices under Section 8 of the I & B Code. 8. But however, if the finding that has been recorded by the Ld. Tribunal in Para 5 (L) is taken into consideration, the dismissal of Section 9 application, has been on account of the fact that, the Appellant had not been able to place sufficient material on record to show the effective services on the Respondent and thus has come to a conclusion there was a non-compliance of the provisions contained on Section 9 (5)(ii)(c) of the I & B Code. 9. The Ld. Counsel for the Appellant submits that, since the proceedings ....
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....1. In relation thereto the Ld. Counsel the Appellant has submitted in his pleadings as it has been raised in the memorandum of appeal, particularly that as contained in para 7.6, contending thereof that, owing to the fact, that during the course of hearing of the application under Section 9 of the Code, there was no specific query raised by the Ld. Tribunal, pertaining to placement of the proof of service of the demand notice on the Respondent. Hence, even if it is taken for granted that the mode of service adopted by the Appellant was not in consonance to law, then too he ought to have been given an opportunity to place his case and evidence, if that was being derived by the Ld. Tribunal, as to be a reason for rejecting of an application u....
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....otice of demand under Section 8 of the Code on the Respondent. Moreover, the Appellant contends that he had proceeded to contest the proceeding under Section 9 of the Code, on the premise that there would be a deeming presumption on part of the Tribunal that it has proceeded to hear the application in the absence of Respondent in ex-parte proceedings, on a premise that the notices under Section 8 of the Code has already been served. 15. If at all the Ld. Tribunal had any doubt with regards to there being absence of proof of service of the demand notice on the Respondents on record, Ld. NCLT ought to have given an opportunity to the Appellant to substantiate his contention qua the stand taken by it with regards to the service of notice by....