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2019 (9) TMI 1461 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor started default in making payment of outstanding invoices and failed to make payment for the goods supplied and invoices raised by Operational Creditor - service of demand notice - Corporate Debtor said that there appears to be some delay in making the payments but the respondent was making regular payment to the petitioner. HELD THAT:- Prior to going to the merits of the case by this Tribunal, it was observed that the notice of demand enabling the filing of the present petition has not been sent by the Petitioner "Kutch Chemicals" rather it was sent by "Panoli Intermediates India Pvt. Ltd.". Thus the Tribunal is of the view that that failure of delivery of notice of demand upon the Corporate Debtor by the Operational Creditor makes this application liable to be rejected as held by the Hon'ble NCLAT in Company Appeal (AT) (Insolvency) No. 194 of 2019 in the matter of M/S KRYSTAL INTEGRATED SERVICES PVT. LTD. VERSUS M/S INDIAONTIME EXPRESS PRIVATE LIMITED [2019 (9) TMI 417 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI] relying upon the decision of the Hon'ble Supreme Court in MOBILOX INNOVATIONS PRIVATE LIMITED VERSUS KIRUSA SOFTWARE PRIVATE LIMITED [2017 (9) TMI 1270 - SUPREME COURT]. There are no merit in the submissions of the Operational Creditor in order to sustain the plea that notice under section 8, IBC, 2018 should be deemed to served - this petition on the issue of maintainability arising out of service of notice of demand having not been delivered upon the corporate debtor in accordance with the provisions of section 8 of IBC, 2016 read with Rule 5 of AAA Rules 2016 stands rejected in exercise of section 9(5)(ii)(c) of IBC, 2016 but without cost.
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