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2019 (10) TMI 281 - NATIONAL COMPANY LAW TRIBUNAL KOLKATA BENCH, KOLKATAMaintainability of application - Corporate Debtor - mandatory notice - notice has been sent by e-mail as well as by post but the notice sent by post has not been served for the reason as the addressee left without instructions. - dishonor of cheque - Section 9 of the Insolvency & Bankruptcy Code, 2016 - HELD THAT:- In view of the facts that the notice dated 4th December, 2018 though stated to have been sent by the Operational Creditor by post to the Corporate Debtor, but it could not be delivered due to the absence of the Corporate Debtor at its registered address. Section 8(1) specifically mentions that an Operational Creditor may, on the occurrence of a default, ‘‘deliver a demand notice of unpaid Operational Debt”. The law specifically mandates that the Operational Creditor shall see to it that the demand notice is actually delivered by the Operational Creditor or any of its Agents, Postal Authorities or whatever mode is adopted by him to deliver the demand notice but, there should be specific physical delivery of the notice - It is further clarified that the Corporate Debtor shall be bound to bring to the notice of the Operational Creditor about the existence of dispute or payment of unpaid Operational debt within a period of 10 days of receipt of demand notice or copy of the invoice mentioned in sub section (1) of Section 8. It is thus clear that the Operational Creditor has admittedly not complied with the provisions of Section 8 of the Insolvency and Bankruptcy Code and therefore the application thus fails and is deserve an order of rejection under Section 9(5)(ii)(c) of the Code. Petition dismissed.
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