Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + Tri Insolvency and Bankruptcy - 2019 (1) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (1) TMI 1775 - NATIONAL COMPANY LAW TRIBUNAL, AHMEDABAD BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - Service of demand notice - HELD THAT:- It is found that on withdrawal of the first demand notice, which as per the applicant is not as per the rule, the applicant issued fresh demand notice on 09.11.2017 in form No. 3 at the registered office address of the company. Since the same was returned undelivered, the applicant sent the demand notice through e-mail at the e-mail address of the company available in the Master Data of Ministry of Corporate Affairs. Hence, in view of this development, service of notice is found to be complete - As regards maintainability of the petition is concerned, Rule 5 (2) (b) of the Insolvency and bankruptcy (Application to Adjudicating Authority) Rules, 2016 allows service of demand notice by way of e-mail. The issue with regard to the prior dispute as raised by the corporate debtor vide vernacular letter dated 01.03.2016, it is found that no such letter has been received by the applicant in view of the affidavit executed by the concerned courier agency certifying that on such date no letter was sent to the applicant through their agency by the corporate debtor - Thus, the corporate debtor failed to prove the issue of prior dispute. It is the applicant who provided evidence that no such dispute has been raised earlier by the corporate debtor vide letter dated 01.03.2016 which appears to be fabricated one. On perusal of the documents filed by the operational creditor it is evident that the corporate debtor defaulted in making payments. The petition filed under Sections 8 & 9 of IB code is complete in all respects - Petition admitted - moratorium declared.
|