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TMI Blog2018 (3) TMI 390X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 8 is an act that should have been done prior to filing of the present application. In the absence of issuance of such notice, the present application is not maintainable. - Company Petition No. (IB). 397 (PB)/2017 - - - Dated:- 12-2-2018 - MR. M. M. KUMAR AND MR. S. K. MOHAPATRA, JJ. For The Applicant : Sandeep Bajaj, Naman Tondon and Aakanksha Mehra, Advs. For The Respondent : None ORDER S. K. Mohapatra, Member 1. This is an application filed under section 9 of the Insolvency and Bankruptcy Code, 2016 (for brevity 'the Code') read with rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity 'the Rules') with a prayer for initiation of Cor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent company. There after applicant had filed a Company Petition No. 333 of 2016 before High Court of Delhi for winding up of the respondent company. It is stated that even after notice from the Court respondent did not appear before the High Court. In the meantime the Insolvency and Bankruptcy Code, 2016 has come into force and the matter got transferred from High Court to this Tribunal. After transfer of the matter the applicant was directed to comply with the provisions of the Code and accordingly a demand notice under Section 8 of the Code read with Rule 5 of the Rules was issued by applicant on 26.05.2017 calling upon the Corporate Debtor to pay sum of ₹ 6,98,405.76/- within a period of 10 days from receipt of said notice. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an admitted fact that leave was granted to the applicant to prefer a fresh application in the matter under Section 9 of the Code. The applicant should have filed application strictly in accordance with the provisions of Section 9 read with Section 8 of the Code afresh. 9. As per the provisions of the Code before filing an application under Section 9, it is mandatory to issue a notice under Section 8 of the Code. Once no notice has been given under section 8 of the Code, no application could be filed under Section 9 of the Code. It is pertinent to refer here sub-section 1 of section 9 which envisages as follows: (1) After the expiry of the period of ten days from the date of delivery of the notice or invoice demanding payment unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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