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2021 (1) TMI 981 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - outstanding sum has been claimed at ₹ 11,30,146/- and date of default has been claimed as Financial Year 2018 - HELD THAT:- In case of proceedings under Section 9 of IBC, 2016 or section 8 of IBC 2016 of significant nature. It has been observed by higher judicial forums that requirement of service of notice under Section 8(1) of IBC, 2016 is crucial so that any entity is not put into CIRP in a light manner. Rule 5 (Application to Adjudicating Authority) Rules, 2016 provides that Operational Creditor "shall" deliver to the Corporate Debtor. Demand notice in form-3 or copy of invoice attached with the notice in Form-4. Form No.3 and Form No.4 have been prescribed which provide for submission of all relevant information to the Corporate Debtor alongwith supporting documents so that the Corporate Debtor can raise dispute, if any, under Section 8(2) of IBC, 2016 within 10 days from the receipt of such notice. In the present case, so-called notice does not contain such details / information nor any documents which are required to be given to the Corporate Debtor alongwith such notice have been attached. In a number of cases, coordinate benches as well as Hon'ble NCLAT has taken a view that such notice is necessarily to be in the prescribed forms and in absence thereof, application filed under Section 9 was liable to be dismissed. As stated earlier, neither specified form has been delivered nor contents of such notice meet the requirements of law - the present application is liable to be dismissed as it is an incurable defect. Application disposed off.
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