TMI Blog2019 (12) TMI 1408X X X X Extracts X X X X X X X X Extracts X X X X ..... nsolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. It is required to be seen that in relation to the Operational Creditor under the provisions of I B Code, 2016, in particular, a Notice of Demand is required to be served on the Corporate Debtor in 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 Debtor is prevented from being privy to the Demand Notice as raised or to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r modes as available to the Applicant in relation to the service of Demand Notice upon the Corporate Debtor, the Learned Counsel represents that an e-mail communication has been sent as 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 purchase@eplt.in , Krishnan Sambudevan krishnan@eplt.in , Eplt - Girish Pallliwal girish@eplt.in , Eplt Info info@eplt.in , Rajalakshmi B, raji@eplt.in , Sales EPLT sales@eplt.in , Dinesh Logar dinesh.logar@gmail.com Dear Sir, Please find the attached filed of FORM 3 Form 4, for your reference and action. A query was posed to the Learned Counsel for the Applicant as to whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Debtor, and as to the mode of service under which the Corporate Debtor was successful in relation to the service of Demand Notice upon the Corporate Debtor. It is required to be seen that in relation to the Operational Creditor under the provisions of I B Code, 2016, in particular, a Notice of Demand is required to be served on the Corporate Debtor in 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 Cor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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