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2017 (8) TMI 425 - Tri - Insolvency and BankruptcyMaintainability of petition - petitioner claiming to be the Operational Creditor as against the Respondent Company/Corporate Debtor - Held that:- Even though the claim which remains unanswered as per the statement of the Petitioner/Operational Creditor to the extent of ₹ 8,28,394/-, which is well the above statutory minimum of ₹ 100,000 fixed by IBC, 2016 for maintaining a petition, the Operational Creditor does not seem to have complied with the mandatory requirement of serving notice of default as well as notice of application on the Corporate Debtor at its registered office nor complied with the provisions of Sub-Section (3) of Section (9) in relation to documents to be annexed along with the application, in the sense that a copy of certificate from the financial institution maintaining the accounts of the Operational Creditor confirming that there is no payment of unpaid operational debt by the Corporate Debtor which has not been furnished before this Tribunal. While the dispatch of notice of demand seems to have been sent as per the postal receipt dated 7.2.2017 to the registered office of the company located at Okhla Industrial Estate, however, no satisfactory proof of service of notice of default has been enclosed for our verification. Further, in relation to the notice of application sent by the Petitioner dated 7.6.2017, a tracking report has been produced by the Petitioner as Annexure-A to the additional affidavit filed on 6.7.2017 which shows that on 5.6.2017 an attempt to deliver the postal cover has been made but 'remains unclaimed' and in the circumstances we do not have any other option other than to conclude that both demand notice and the notice of application has not been served on the financial debtor as required under the provisions of IBC, 2016 read with 'AAA' Rules. Considering all the above, the application requires to be dismissed.
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