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2022 (8) TMI 326 - AT - Insolvency and BankruptcyMaintainability of petition - initiation of CIRP - Service of demand notice - whether the Adjudicating Authority was justified in rejecting the Section 9 Application on the ground that the Demand Notice under Section 8 was not duly served on the Corporate Debtor and also that receipt of money in May 2016 is not evidenced by any Banker’s certificate or details of cheque? Service of demand notice - HELD THAT:- The contention of the Learned Sr. Counsel for the Respondent /Corporate Debtor that the Section 8 notice was never delivered upon is untenable, specially keeping in view that the address written is the registered Office address, which is undisputed. There are also force in the submissions of the Learned Counsel for the Appellant that the Section 9 Application was also addressed to the same Registered Office. Therefore, they cannot be any ambiguity with respect to the Registered Office address of the Corporate Debtor. Having regard to the fact that the Demand Notice, as mandated under Section 8 of the Code, was duly served upon the Respondent / Corporate Debtor, the requirement under Section 8 of the code, is complete. Whether the claim of receipt of money in May 2016 was not evidenced by any Banker’s certificate or details of cheque? - HELD THAT:- A Banker’s Certificate is not mandatorily required to trigger CIRP under Section 9 of the Code. It is significant to mention that this Tribunal has not gone into the merits of the matter with respect to ‘debt’ or ‘default’, we only addressed to the issue of the service of Demand Notice on the Corporate Debtor and that a Banker’s certificate is not essential to trigger CIRP under Section 9 of the Code. The matter is remanded back to the Adjudicating Authority to decide the Application preferred by the Appellant under Section 9 of the Code, on merits - Appeal allowed.
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