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2017 (10) TMI 1486 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Service of notice - case of petitioner is that notice under sub-section (1) of Section 8 was not issued by the Operational Creditor but through its lawyer/ advocate - principles of natural justice - HELD THAT:- The issue is covered by the decision in the case of UTTAM GALVA STEELS LIMITED VERSUS DF DEUTSCHE FORFAIT AG & ANT. [2017 (8) TMI 1198 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] where it was held that the notice issued by the lawyer on behalf of the Respondents can not be treated as a notice under section 8 of the I&B Code and for that the petition under section 9 at the instance of the Respondents against the Appellant was not maintainable. The present case is covered by the decision in Uttam Galva Steels Limited - In this circumstances, we have no other option but to set aside the impugned order. The application preferred by Respondent under Section 9 of the I&B Code, 2016 is dismissed.
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