TMI Blog2017 (9) TMI 854X X X X Extracts X X X X X X X X Extracts X X X X ..... ity Rules (supra). On the contrary the demand notice is stated to have been issued under Section 8 of the Code which depicts that the petitioner claims himself to be an 'Operational Creditor'. There are thus patent contradictions in the claim made by the petitioner which cannot be resolved by reading it one way or the other. Therefore, there is no option except to dismiss this petition as misleading and contradictory. For the reasons aforementioned, this petition fails and the same is dismissed with cost of ₹ 10,000/- - C.P. NO. 1082/2016 - - - Dated:- 16-8-2017 - MR. M. M. KUMAR AND MS. DEEPA KRISHAN, JJ. For The Petitioner : Sunil Goyal, Adv. JUDGMENT CHIEF JUSTICE (RETD.) M. M. KUMAR, HON'BLE PRESIDENT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I say and submit that I am the authorized representative of the petitioner company by virtue of Board Resolution dated 11.04.2017, I am well conversant with the facts of the case and I am thus competent to swear the present affidavit. 2. I say and submit that I got issued legal notice of demand dated 11.05.2016 under the provisions of Section 434(1)(a) of the Companies Act, 1956 demand a sum of ₹ 13,27,735/- together with interest @ 24% per annum w.e.f. 20.06.2016 till payment. The same was sent to the respondent company. The same was however, returned unserved with remarks left without address. 3. I say and submit that on failure of repay the said outstanding amount a winding up petition being C.P. No. 1082/ 16 was filed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. I say and submit that in respect of my claim of the said sum or any part thereof, I have relied on the documents specified below: i. Agreement dated 27.05.2015 ii. Copy of Books of Account along with certificate under Section 65B of Indian Evidence Act, years 2014-15 and 2015-16. iii. Copy of Form-26-AS obtained from Income Tax Website. iv. Copies of various emails between the parties. v. Copies of various invoices issued to respondent company. vi. Legal Notice of Demand dated 29.08.2016. vii. Copy of Board Resolution dated 11.04.2017 9. I say and submit that the said documents are true, valid and genuine to the best of my knowledge, information and belief. 10. I say and submit that in resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and submit that the contents of the above affidavit are true and correct. 2. On a detailed examination of the pleadings it was not possible to decipher whether the petition has been filed under Rule 7(1) read with Section 10 of the Code or the petition has to be treated as the one under Section 9 of the Code. Rule 7(1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 reads as under:- Application by corporate applicant 7.(1 ) A corporate applicant, shall make an application for initiating the corporate insolvency resolution process against a corporate debtor under section 10 of the Code in Form 6, accompanied with documents and records required therein and as specified in the Insolvency ..... X X X X Extracts X X X X X X X X Extracts X X X X
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