2019 (12) TMI 1408

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..... nt. Upon perusal of the Demand Notice issued under Section 8 of the I&B Code, 2016 by the Operational Creditor, a question was posed as to whether it has been duly erved upon the Corporate Debtor as given under Rules namely Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. The Learned Counsel for the Applicant represents that efforts were made to serve to the register .....

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..... to complete the service. A perusal of the said e-mail communication which is placed at page 10 of the Application discloses as follows:- "To: Eplt - EPL PURCHASE , Krishnan Sambudevan , Eplt - Girish Pallliwal , Eplt Info , Rajalakshmi B, , Sales EPLT , Dinesh Logar Dear Sir .....

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..... Data as directors to the Corporate Debtor with that of the addresses as disclosed with the e-mail, both the names do not correlate with each other, and therefore, we are unable to ascertain as to whether the Demand Notice was served to the whole time director or designated partner or key managerial personnel as contemplated under the Rules namely Insolvency and Bankruptcy (Application to Adjudicat .....

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..... n compliance with Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. In the absence of service of Demand Notice upon the Corporate Debtor as required to be served, taking into consideration, the Demand Notice under Section 8 of the I&B Code, 2016 read with attendant Rules, notice of dispute, if any, cannot be issued by the Corporate Debtor as the Corporate .....

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