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2021 (3) TMI 63 - NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - service of demand notice in proper form and manner - section 8 of IBC code - HELD THAT:- The notice issued by the petitioner on September 25, 2016 is a statutory notice under the Companies Act, 2013. An ordinary scanning of the demand notice reveals that the petitioner has demanded sum of ₹ 2,12,704 as due from the corporate debtor. It is to be noted that the notice is a notice under the Companies Act, 2013 and nowhere in the notice it is mentioned that this notice is issued under section 8 of the IBC, 2016 - This Bench is of the view that for initiating CIRP against the corporate debtor, section 8 of the Code mandates that the demand notice has to be issued in such a form and manner as may be prescribed. The demand notice issued by the petitioner is not in the form as mandated in the rule and hence this notice is a defective notice - Petition dismissed.
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