TMI Blog2022 (8) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... e was never delivered upon is untenable, specially keeping in view that the address written is the registered Office address, which is undisputed. There are also force in the submissions of the Learned Counsel for the Appellant that the Section 9 Application was also addressed to the same Registered Office. Therefore, they cannot be any ambiguity with respect to the Registered Office address of the Corporate Debtor. Having regard to the fact that the Demand Notice, as mandated under Section 8 of the Code, was duly served upon the Respondent / Corporate Debtor, the requirement under Section 8 of the code, is complete. Whether the claim of receipt of money in May 2016 was not evidenced by any Banker s certificate or details of cheque? - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave perused the materials on record. As per provision of Sec.8(1) of Insolvency and Bankruptcy Code, 2016, an operational creditor on occurrence of a default is required to deliver a demand notice to which the corporate debtor is required to respond within a period of 10 days from the date of receipt of such notice. 8. As per provision of Sec.9 (5)(ii) clause (c) Insolvency and Bankruptcy Code, 2016 the Tribunal will reject the application if the creditor has not delivered invoice or notice for payment to the corporate debtor. We have gone through the records produced before us and proof of delivery of such notice is not found. This being incurable defect, we reject this petition for this reason only. We would like to mention that clai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t accompanied by any documentary evidence and Banker s Certificate. The entry in the statement provided by the financial institution clearly specified the receipt of Rs.50,000/- on 23.05.2016 through cheque bearing no. 238019 and therefore the Adjudicating Authority ought to have considered this aspect while passing the impugned order. 5. The Learned Sr. Counsel for the Respondent submitted that the Appeal was barred by limitation. 6. This Tribunal vide Orders dated 07.01.2020, taking in to consideration the nature of the case and being satisfied with the grounds shown, on the delay of 13 days in preferring the Appeal, the same was condoned. 7. The Learned Sr. Counsel for the Respondent further submitted that creation of the operat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Debtor that the Section 8 notice was never delivered upon is untenable, specially keeping in view that the address written is the registered Office address, which is undisputed. We also find force in the submissions of the Learned Counsel for the Appellant that the Section 9 Application was also addressed to the same Registered Office. Therefore, they cannot be any ambiguity with respect to the Registered Office address of the Corporate Debtor. Having regard to the fact that the Demand Notice, as mandated under Section 8 of the Code, was duly served upon the Respondent / Corporate Debtor, we are satisfied that the requirement under Section 8 of the code, is complete. 10. Now, we address to the observations of the Adjudicating Authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has applied, the application contains: i. Record of an undisputed bill against the entity, and where applicable, information of such undisputed as filed at a registered information utility. 11. From the aforenoted ratio, it is clear that a Banker s Certificate is not mandatorily required to trigger CIRP under Section 9 of the Code. It is significant to mention that this Tribunal has not gone into the merits of the matter with respect to debt or default , we only addressed to the issue of the service of Demand Notice on the Corporate Debtor and that a Banker s certificate is not essential to trigger CIRP under Section 9 of the Code. 12. For all the afore-noted reasons this Appeal is allowed and the impugned order dated 30.09.2019 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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