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2019 (5) TMI 878 - AT - Insolvency and BankruptcyNon-compliance with the provisions of Section 9(3)(c) by the ‘Operational Creditor’ - validity of demand - Demand Notice under Section 8(1) was issued by the Appellant on 24th April, 2017 without attaching the invoices relating to debt which are payable - time limitation - HELD THAT:- There is nothing on the record to suggest that the invoices dated 23rd July, 2014 were forwarded or received by the Respondent- ‘Spicejet Limited’. Therefore, the Demand Notice issued on 24th April, 2017 as relates to invoice dated 23rd July, 2014, though it cannot be held to be barred by limitation, but in absence of specific evidence relating to invoices actually forwarded by the Appellant and there being a doubt, we hold that the Adjudicating Authority has rightly refused to entertain application under Section 9 which requires strict proof of debt and default. No relief can be granted - appeal dismissed.
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