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2019 (6) TMI 76 - Tri - Insolvency and BankruptcyService of demand notice u/s 8 of the Code - registered office OR corporate office - Section 8(1) of the Code and Rule 5 of the Insolvency and Bankruptcy (Application to the Adjudicating Authority) Rules, on conjoint reading makes it categorically clear that the service of demand notice is mandatorily to be served at the registered office of the corporate debtor - corporate debtor has received the demand notice sent under section 8 of the Code at the corporate office without any objection or opposition or any remark - HELD THAT:- Till the filing of the present application the respondent had never raised the objection to the receiving or replying to the said notice u/s 8 and at the stage of final hearing this issue raised by corporate debtor should not be considered and the matter be heard on merit - Thus, preliminary objection not being raised at the initial stage, cannot be tenable at this stage specially after completion of the pleadings. In view of the present latest judgment of the Hon'ble NCLAT in NCLAT in ALLOYSMIN INDUSTRIES VERSUS RAMAN CASTING PRIVATE LIMITED, DELHI [2019 (3) TMI 194 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] which is binding on NCLT, it leaves no doubt that demand notice under section 8 of the Code can be served at registered office/corporate office. Application dismissed.
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