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2022 (7) TMI 1247 - NATIONAL COMPANY LAW TRIBUNAL, AHMEDABAD BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - service of demand notice - HELD THAT:- The Operational Creditor produced on record copy of demand notice dated nil. He produced postal receipt to show that notice was sent (Annexure-5). However, there is no evidence to show that this demand notice was really delivered to the Corporate Debtor. Only producing postal receipt is not enough to hold that it has been delivered/received by the Corporate Debtor at its correct (registered address). Section-8(i) and 9(i) of the Insolvency and Bankruptcy Code make it clear that there has to be delivery of notice by the Operational Creditor to the Corporate Debtor. Unless Operational Creditor shows proof with the required evidence that in spite of delivery of demand notice under Section 8 of IBC, the Corporate Debtor failed to make payment of operational debt, the Operational Creditor cannot initiate CIRP of the Corporate Debtor. In this case, evidence of delivery of notice is lacking. Application dismissed.
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