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TMI Blog2022 (7) TMI 1247X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the Corporate Debtor committed default in paying the operational debt of Rs. 13,25,000/- (Rupees Thirteen Lacs Twenty Five Thousand Only). It is the claim of the Operational Creditor that the firm has provided services to the Corporate Debtor for assignment of loan facilities from Kotak Mahindra Bank. It has raised invoice dated 03.12.2018 (Annexure-1) against the Corporate Debtor. The Corporate Debtor failed to pay the service charges. Hence demand notice under Section 8 of IBC was sent upon the Corporate Debtor on 18.06.2019. In spite of receipt of notice, the Corporate Debtor did not pay the debt, hence this application is filed. 2. Notice of this application was served to the Corporate Debtor. One of its Directors, Mr. Dipen Nar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to Corporate Debtor "As discussed, we are concluding the working on your loan requirement as it has been sanctioned by another Bank. As you are not going ahead with Kotak proposal, we have waived the 50% fees. Kindly arrange to release the fees and oblige". This e-mail is produced on record by the Corporate Debtor a.w. the reply at Annexure-R8. So on the proposal on which the invoice dated 03.12.2018 was raised by the Operational Creditor, that proposal has been withdrawn by the Operational Creditor by e-mail dated 25.10.2018. This leads us to consider whether Operational Creditor had really rendered any service to the Corporate Debtor as per the request of the Corporate Debtor. There is no evidence on record to show that the Corporate Deb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Firm. 8. The Operational Creditor produced on record copy of demand notice dated nil. He produced postal receipt to show that notice was sent (Annexure-5). However, there is no evidence to show that this demand notice was really delivered to the Corporate Debtor. Only producing postal receipt is not enough to hold that it has been delivered/received by the Corporate Debtor at its correct (registered address). Section-8(i) and 9(i) of the Insolvency and Bankruptcy Code make it clear that there has to be delivery of notice by the Operational Creditor to the Corporate Debtor. Unless Operational Creditor shows proof with the required evidence that in spite of delivery of demand notice under Section 8 of IBC, the Corporate Debtor failed to m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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