TMI Blog2018 (9) TMI 1807X X X X Extracts X X X X X X X X Extracts X X X X ..... debtor by email. Operational Creditor has not been able to discharge, despite repeated time being granted in this regard. There has been no deemed service of the demand notice on Respondent. Thus, the application stands dismissed. - CP-1B-394/ND/2018 - - - Dated:- 17-9-2018 - Dr. V.K. Subburaj And R. Varadharajan, JJ. Mr. Ashok Kumar Sharma (Proprietor) For The Appellant. Counsel for the Petitioner: Ms. Sanya Kapur, Advocate Counsel for the Respondent: None ORDER 1. This is an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 ( the Code ) filed by Alloyism Industries, a proprietorship firm, ( Applicant ) through its proprietor Ashok Kumar Sharma against Raman Casting Pvt. Ltd. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 1897. Further, the demand notice was also sent to the address of the corporate office of the Respondent where it was duly received by the Respondent and hence, the service of the demand notice has been duly effected upon the Respondent. The corresponding dispatch proofs and tracking reports have been placed on record by the Applicant. 4. The issue of service of demand notice in the present matter is squarely covered by the order passed by this Tribunal in Eastern Travels Pvt. Ltd. vs. Swash Convergence Technologies Limited, in which the Tribunal stated as follows: 11. In addition, it is further represented by Ld. Counsel for Petitioner that prior to the notice taken to Bhubaneshwar office on 13.12.2017 an attempt was m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... construed that Section 8 notice has been duly served on the Corporate Debtor and in the circumstances the Petition is maintainable as the cause of action has arisen in view of non-payment of the defaulted amount and notice of demand having been given by the Corporate Debtor. We are unable to appreciate the said contention, for the reason that as mentioned above, the rules requires the notice to be delivered at the registered office and also the rules provide for appropriate alternative manner of service upon the whole time director by electronic mail service proof of which the operational creditor has failed to furnish. Thus, the onus is on the Operational Creditor to establish that the copies of section 8 notice which have been m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of 'Mobilox Innovations Pvt. Ltd. Vs. Kirusa Software (P) Limited - 2017 SCC OnLine SC 1154 , where the issuance and delivery of Section 8 notice under the provisions of IBC, 2016 has been held to be mandatory in order to prefer the Petition by an Operational Creditor has not been done giving rise to the cause of action for the operational creditor to approach this tribunal. The emphasis of Section 8 notice of default under IBC,2()16 have also been dealt with by the Hon 'ble NCLAT in a plethora of judgments including the one recently passed in Company Appeal (AT)(1nsoIvency)Nos.285 286 of 2017 pronounced on 20.02.2018 in the matter of Mr. M. Nandagopal vs. Virtuous Urja Limited. ' 5. In view of the decision ..... X X X X Extracts X X X X X X X X Extracts X X X X
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