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2019 (3) TMI 194 - AT - Insolvency and BankruptcyInitiation of Corporate Insolvency Resolution Process - demand notice under Section 8 of the Code was duly sent through courier to the registered office address but the same was returned to the Applicant with remark “S/A RTO” - HELD THAT:- Adjudicating Authority erred in rejecting the application under Section 9 on wrong presumption that demand notice is to be served on the Registered Office of the Corporate Debtor and not on Corporate Office (Industrial Area Office herein). If the demand notice under Section 8 (1) is served on Corporate Debtor either on its Registered Office or its Corporate Office, it should be treated to be valid service of notice under Section 8 and application under Section 9 on failure of payment, if filed after 10 days, is maintainable. We accordingly set aside the impugned order dated 17th September, 2018 passed by the Adjudicating Authority (National Company Law Tribunal) and remit the case to Adjudicating Authority to admit application under Section 9 without going into other issues in the matter, in view of deemed service on the Corporate Debtor. A fresh notice may be issued to the Corporate Debtor to give an opportunity, in its both aforesaid addresses to enable the Respondent to settle the claim with the Appellant and enable the Appellant to withdraw its petition.
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