TMI Blog2021 (1) TMI 981X X X X Extracts X X X X X X X X Extracts X X X X ..... 2016 provides that Operational Creditor shall deliver to the Corporate Debtor. Demand notice in form-3 or copy of invoice attached with the notice in Form-4. Form No.3 and Form No.4 have been prescribed which provide for submission of all relevant information to the Corporate Debtor alongwith supporting documents so that the Corporate Debtor can raise dispute, if any, under Section 8(2) of IBC, 2016 within 10 days from the receipt of such notice. In the present case, so-called notice does not contain such details / information nor any documents which are required to be given to the Corporate Debtor alongwith such notice have been attached. In a number of cases, coordinate benches as well as Hon'ble NCLAT has taken a view that suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elivery of such notice. It was also contended that debt was due and payable and no pre-existing dispute was involved, hence, this application was liable to be admitted. 4. Learned Counsel Mr. Rishi Malik appeared on behalf of Corporate Debtor made strong plea that dismissal of this application surely on the ground that so-called demand notice was not demand notice as this was not on the format prescribed under Section 8(1) of IBC, 2016 r.w Regulation 5 of (Application to Adjudicating Authority) Rules, 2016. It was further contended that even person who signed the application was not having requisite authority and in this regard, the Learned Counsel drew our attention to page 13 of the application. A plea was also made that there wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mation nor any documents which are required to be given to the Corporate Debtor alongwith such notice have been attached. In a number of cases, coordinate benches as well as Hon'ble NCLAT has taken a view that such notice is necessarily to be in the prescribed forms and in absence thereof, application filed under Section 9 was liable to be dismissed. As stated earlier, neither specified form has been delivered nor contents of such notice meet the requirements of law. In this view of the matter, we are of the considered view that present application is liable to be dismissed as it is an incurable defect. Accordingly, the application filed by the Operational Creditor stands dismissed and disposed-off in terms indicated above. 7. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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