TMI Blog2019 (3) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... ered Office or its Corporate Office, it should be treated to be valid service of notice under Section 8 and application under Section 9 on failure of payment, if filed after 10 days, is maintainable. We accordingly set aside the impugned order dated 17th September, 2018 passed by the Adjudicating Authority (National Company Law Tribunal) and remit the case to Adjudicating Authority to admit application under Section 9 without going into other issues in the matter, in view of deemed service on the Corporate Debtor. A fresh notice may be issued to the Corporate Debtor to give an opportunity, in its both aforesaid addresses to enable the Respondent to settle the claim with the Appellant and enable the Appellant to withdraw its petition. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 3. Notices were issued on M/s Raman Casting Private Limited both in the Registered Office at House No. 275, Village Dera, South West Delhi, Delhi 110074 and Industrial Area Office at Plot No. G1-267-68, 279-80, RIICO Industrial Area, Khuskhera, Bhiwadi, Rajasthan. Inspite of the service of notice on Corporate Debtor on both the aforesaid addresses, nobody appeared on behalf of the Respondent Corporate Debtor. On 11th December, 2018 taking into consideration that the Respondent is not appearing, to give one more opportunity we adjourned the case. Inspite of service of notice on both the addresses i.e. in the Registered Office and at the Industrial Area Office and inspite of the fact that the Appellant has brought the order dated 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Corporate Debtor and not on Corporate Office (Industrial Area Office herein). If the demand notice under Section 8 (1) is served on Corporate Debtor either on its Registered Office or its Corporate Office, it should be treated to be valid service of notice under Section 8 and application under Section 9 on failure of payment, if filed after 10 days, is maintainable. 7. We accordingly set aside the impugned order dated 17th September, 2018 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, Bench III, in CP-IB-394/ND/2018 and remit the case to Adjudicating Authority to admit application under Section 9 without going into other issues in the matter, in view of deemed service on the Corporate Debtor. A fresh not ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
