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2019 (12) TMI 1408 - Tri - Insolvency and BankruptcyService of Demand notice to Corporate Debtor - Applicant represents that efforts were made to serve to the registered office of the Corporate Debtor, however, the same has not been delivered - HELD THAT:- Comparing from the names as given in the Company Master Data as directors to the Corporate Debtor with that of the addresses as disclosed with the e-mail, both the names do not correlate with each other, and therefore, we are unable to ascertain as to whether the Demand Notice was served to the whole time director or designated partner or key managerial personnel as contemplated under the Rules namely Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. It is required to be seen that in relation to the Operational Creditor under the provisions of I&B Code, 2016, in particular, a Notice of Demand is required to be served on the Corporate Debtor in compliance with Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. In the absence of service of Demand Notice upon the Corporate Debtor as required to be served, taking into consideration, the Demand Notice under Section 8 of the I&B Code, 2016 read with attendant Rules, notice of dispute, if any, cannot be issued by the Corporate Debtor as the Corporate Debtor is prevented from being privy to the Demand Notice as raised or to comply with Demand Notice in relation to the Claim within the period mandated of ten days as contemplated under Section 8 of IBC, 2016. Taking into consideration Section 9(5)(ii) of the I&B Code, 2016, as the Notice of Demand is not served upon the Corporate Debtor, we are constrained to dismiss the Application.
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