TMI Blog2017 (11) TMI 924X X X X Extracts X X X X X X X X Extracts X X X X ..... Code and for that the petition under section 9 at the instance of the Respondents against the Appellant was not maintainable. For the reasons aforesaid, we set aside the impugned order passed by the Adjudicating Authority, New Delhi and allow the appeal. In the result, the appointment of Interim Resolution Professional, order declaring moratorium, freezing of account and all other order (s) passed by the Adjudicating Authority pursuant to impugned order(s) and action taken by the Interim Resolution Professional including the advertisement published in the newspaper calling for applications are declared illegal. - Comp. App. (AT) (Insolvency) No. 157 of 2017 - - - Dated:- 22-9-2017 - S. J. Mukhopadhaya (Chairperson), A.I.S. Cheema ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the advocate on behalf of the operational creditor. 5. From the notice dated 29th May 2017, we find that the demand notice was issued not by the operational creditor but on its behalf by one advocate namely, Saurabh Sharma, who claimed to be the counsel for the operational creditor - Maheshwar Textiles Anr. 6. Similar issue fell for consideration before this Appellate Tribunal in Uttam Galva Steels Limited vs. DF Deutsche Forfait AG Anr. (Company Appeal (AT) (Insolvency) 39 of 2017). This Appellate Tribunal by its Judgment dated 28th July 2017 held as follows: 30. From bare perusal of Form-3 and Form-4, read with sub-rule (1) of Rule 5 and Section 8 of the I B Code, it is clear that an Operational Creditor can apply h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Process, where such claim otherwise cannot be contested, except where there is an existence of dispute, prior to issue of notice under Section 8. 32. In view of provisions of I B Code, read with Rules, as referred to above, we hold that an 'Advocate/Lawyer' or 'Chartered Accountant' or 'Company Secretary' in absence of any authority of the Board of Directors, and holding no position with or in relation to the Operational Creditor cannot issue any notice under Section 8 of the I B Code, which otherwise is a 'lawyer's notice' as distinct from notice to be given by operational creditor in terms of section 8 of the I B Code. 7. In the present case as an advocate/lawyer has given notice and th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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