2019 (9) TMI 1461

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..... Maria, Advocate For the Respondents : Prabhat Kumar and Shivam Tyagi, Advocates ORDER 1. This is a petition filed by Kutch Chemical invoking the provision of Section 9 of Insolvency and Bankruptcy Code, 2016 ("the Code") against the Respondent (VMA Chemicals) for initiating Corporate Insolvency Resolution Process ("CIRP") against the Respondent. 2. The Applicant has averred as follows: a. Op .....

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..... on behalf of the Corporate Debtor a. They contended that no demand notice has been delivered to the respondent, the present petition is pre mature as not maintainable under Section 9 by Operational Creditor. b. Corporate Debtor said that there appears to be some delay in making the payments but the respondent was making regular payment to the petitioner. 4. Prior to going to the merits of the .....

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..... order passed by Hon'ble NCLAT we do not find any merit in the submissions of the Operational Creditor in order to sustain the plea that notice under section 8, IBC, 2018 should be deemed to served which have been dealt with in detail in the above cited order passed by Hon'ble NCLAT and negated. Thus, this petition on the issue of maintainability arising out of service of notice of demand h .....

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