TMI Blog2017 (8) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... complied with the provisions of Sub-Section (3) of Section (9) in relation to documents to be annexed along with the application, in the sense that a copy of certificate from the financial institution maintaining the accounts of the Operational Creditor confirming that there is no payment of unpaid operational debt by the Corporate Debtor which has not been furnished before this Tribunal. While the dispatch of notice of demand seems to have been sent as per the postal receipt dated 7.2.2017 to the registered office of the company located at Okhla Industrial Estate, however, no satisfactory proof of service of notice of default has been enclosed for our verification. Further, in relation to the notice of application sent by the Petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e had been some delay on several occasions in relation to payments. However, in relation to May, 2015, Invoice in a sum of ₹ 26,38,811 dated 08.6.2015 was raised which was required to be paid in full. However, only a part payment has been made and a sum of ₹ 8,28,394/- is due and payable on the part of the Corporate Debtor. 3. Despite several reminders, the Respondent/Corporate Debtor it is contended by the petitioner has not paid the balance payment and under the circumstances, the Operational Creditor was forced to issue a notice under Section 8 of the Insolvency Bankruptcy Code, 2016 (IBC) 2016 on 06.2.2017 demanding the payment of unpaid balance amount in a sum of ₹ 8,28,394/- and it is averred that the said notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication to Adjudicating Authority) Rules, 2016 for brevity hereinafter called as 'AAA' Rules. Rule 5(2) of the above noted 'AAA' Rules,2016 specifies the manner of service of demand notice and the same is reproduced herein below: 5 (1) xxxx .. (2) The demand notice or the copy of the invoice demanding payment referred to in sub-section (2) of section 8 of the Code, may be delivered to the corporate debtor, (a) at the registered office by hand, registered post or speed post with acknowledgement due; or (b) by electronic mail service to a whole time director or designated partner or key managerial personnel, if any, of the corporate debtor. 8. Subsequent to the issue of notice of demand in case the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te Debtor. Upon an intense perusal of the provisions as extracted above, it is seen that the onus has been placed on the Operational Creditor to issue notice twice :- (i) once in relation to the notice of demand of the unpaid amount and (ii) in relation to the notice of application filed before this Tribunal in case of non-payment of the amount claimed as unpaid or notice of dispute has not been issued within a period of 10 days upon the notice of demand being served. It is further evident from the perusal of Rule 5 (2) of AAA Rules relating to the notice of dispute, that it can be delivered (i) at the registered office as per the mode of service provided in clause(a) of Sub-Rule (2) of Rule (5) or (ii) by electronic mail service to a whole ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to documents to be annexed along with the application, in the sense that a copy of certificate from the financial institution maintaining the accounts of the Operational Creditor confirming that there is no payment of unpaid operational debt by the Corporate Debtor which has not been furnished before this Tribunal. While the dispatch of notice of demand seems to have been sent as per the postal receipt dated 7.2.2017 to the registered office of the company located at Okhla Industrial Estate, however, no satisfactory proof of service of notice of default has been enclosed for our verification. Further, in relation to the notice of application sent by the Petitioner dated 7.6.2017, a tracking report has been produced by the Petitioner as An ..... X X X X Extracts X X X X X X X X Extracts X X X X
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