TMI Blog2017 (12) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... he Applicant is also fatal to the maintainability of the application under IBC, 2016 by an Operational Creditor as held by the Hon’ble NCLAT in the case of Smart Timing Steel Ltd. v. National Steel and Agro Industries Ltd. in Company Appeal (AT) (Insolvency) [2017 (6) TMI 880 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL COMPANY APPELLATE, MUMBAI] - Petition dismissed. - IB NO. 208/ND/2017 - - - Dated:- 17-10-2017 - MR. R. VARADHARAJAN, J. For The Petitioner : Somesh Chandra Jha, Sanchit Guru, Janmesh Kumar and Sajad Sultan, Advs ORDER Lease Plan India Private Ltd. represents itself to be a company registered under the provisions of Companies Act, 1956 and having its registered office at Ground Floor, C-4-C/332, Janakpuri, New ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s well as for the return of the two vehicles. Since nothing came about despite the issue of the said demand notice, the vehicle came to be repossessed on 23.3.2015 and 3.3.2015. Since balance sum remained due, the Applicant was forced to issue a statutory notice under Section 433(e) of the Companies Act, 1956 dated 15.2.2016 and subsequently due to lack of response on the part of the Corporate Debtor was forced to approach the Hon ble High Court of Delhi vide CP No. 419/2016 where in a claim of ₹ 15.00 lakhs was put forth. 2. The above CP it is averred and as evident from the records available with this Tribunal came to be transferred from the file of the Hon ble High Court of Delhi to this Tribunal vide order dated 15.12.2016 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Ld. Counsel for the Petitioner that Petitioner has complied with the directions given on 20.7.2017. From the records, it is seen that no appearance has been put in by the Corporate Debtor to defend the Petition and on 28.8.2017 the matter was heard and order reserved. 5. Be that as it may, perusal of the records as filed by the Applicant along with the typed set of documents shows that a demand notice/invoice demanding payment as annexed between page Nos. 124 to 145 as Annexure-2 discloses prima facie that it has been issued by an Advocate and the notice is dated 31.5.2017. It is also evident from the records namely the tracking report dated 7.7.2017 as available with India Post website that on 1.6.2017 the item was attempted to be d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Steel Energy Ltd. [Company Appeal No. (AT) (Insolvency) 111 of 2017] and in Uttam Galwa Steels Ltd. v. DF Deutshe Forfait AG Industries [Company Appeal No. (AT) (Insolvency) 39 of 2017] has held that the Hon ble Appellate Tribunal is left with no other option otherwise than to set aside the impugned order of the lower Tribunal in view of issue of notice of demand or invoice demanding payment, not in accordance with IBC, 2016 and as prescribed under Insolvency and Bankruptcy Board of India (Application to Adjudicating Authority) Rules, 2016. Taking into consideration the above two decisions, this Tribunal is also left with no other option and per force to dismiss this Petition/application. In addition, it is also seen that the notice of dema ..... X X X X Extracts X X X X X X X X Extracts X X X X
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