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2017 (11) TMI 926 - Tri - Insolvency and BankruptcyCorporate insolvency resolution process - notices not issued by the 'Operational Creditor' but by the Advocates Associates, namely, 'SPS 85 Associates' - Held that:- In the present case, admittedly the notice has been given by 'Associate of Advocates' and there is nothing on the record to suggest that the 'Associate of Advocates' was authorised by the respondent-'Operational Creditor' or was holding any position with or in relation to the respondent company, the so-called notice cannot be treated as notice under Section 8 of the I & B Code. The aforesaid fact is also accepted by the learned counsel appearing on behalf of the respondent-'Operational Creditor', who submits that the due amount has already been paid by the appellants-'Corporate Debtor'.In view of the aforesaid admitted position that the notice under Section 8 was not issued in terms of the provisions of the Adjudicating Authority Rules and I & B Code, we have no option but to set aside the impugned order dated 6th July, 2017.
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