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2017 (12) TMI 99 - Tri - Insolvency and BankruptcyInsolvency & Bankruptcy Code - Maintainability of the application under IBC, 2016 - Held that:- t the notice of demand despite efforts taken by the Applicant has not been served. Further no evidence has also been adduced about the service of the application upon the ‘Corporate Debtor’ all of which precludes the ‘Corporate Debtor’ to reply or appear before this Tribunal and under such circumstances it has been held by the Hon’ble Appellate Tribunal to be not in consonance with the principles of natural justice. In addition to the above, non-compliance of the provisions of Section 9(3)(c) on the part of the Applicant is also fatal to the maintainability of the application under IBC, 2016 by an Operational Creditor as held by the Hon’ble NCLAT in the case of Smart Timing Steel Ltd. v. National Steel and Agro Industries Ltd. in Company Appeal (AT) (Insolvency) [2017 (6) TMI 880 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL COMPANY APPELLATE, MUMBAI] - Petition dismissed.
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