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TMI Blog2018 (12) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... to record its satisfaction that the records, including service of demand notice are in order. The Adjudicating Authority is required to satisfy itself that the notice was actually served on the ‘Corporate Debtor’ not that technically it was served in the address. Adjudicating Authority having failed to do so, we have no other option but to set aside the order dated 18th June, 2018 and the order dated 4th October, 2018. The parties having settled the matter we are not remitting the matter to the Adjudicating Authority. The Adjudicating Authority will direct the Registrar NCLT, Kolkata Bench to release the amount in favour of the 1st Respondent- ‘Cytech Coatings Private Limited’ deposited on behalf of the ‘Corporate Debtor’ immediately. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 6 days if it is counted from the date of the impugned order. 3. Having heard learned counsel for the Appellant, learned counsel appearing on behalf of the 1st Respondent- Operational Creditor and learned counsel appearing on behalf of the Interim Resolution Professional , we hold that there is no delay in preferring the appeal, the Appellant having not been communicated with the order and not being party before the Adjudicating Authority (National Company Law Tribunal). I.A. No. 1753 of 2018 stands disposed of. Company Appeal (AT) (Insolvency) No. 635 of 2018 1st Respondent- ( Operational Creditor ) filed application under Section 9 of the Insolvency and Bankruptcy Code, 2016 ( I B Code for short) for initiation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce was delivered to the corporate debtor in the said address. It is significant to note that the demand notice u/s. 8 of the Code was delivered to the corporate debtor s address at Kamarhati. Therefore, the notice to the corporate debtor u/s 8 was served at the registered address of the corporate debtor. So no doubt proper service of demand notice was taken note in this case before filing the application. The service of demand notice under Section 8 was delivered to the corporate debtor directly and the Tribunal s notice was published in the news paper to the known address of the operational creditor and to the address shown in the Master Data as on the date of the filing of the application. More over notice by e-mail is also seen to be sen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity showing the address at Mumbai of the Corporate Debtor . 3. It is further submitted that the parties have already settled the matter and as per the settlement, the amount has already been deposited with the Registrar, NCLT, Kolkata Bench. 4. Learned counsel appearing on behalf of the 1st Respondent- Operational Creditor accepted that the notice was not served in the Bombay address where the office was functioning. He further submits that they have settled the claim. 5. Learned counsel appearing on behalf of the Interim Resolution Professional opposed the prayer and submits that a large number of creditors have already filed their claim. He referred to paragraphs 22 and 23, as quoted above, to suggest that the notice was se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itself that the notice was actually served on the Corporate Debtor not that technically it was served in the address. 9. The Adjudicating Authority having failed to do so, we have no other option but to set aside the order dated 18th June, 2018 and the order dated 4th October, 2018. The parties having settled the matter we are not remitting the matter to the Adjudicating Authority. The Adjudicating Authority will direct the Registrar NCLT, Kolkata Bench to release the amount in favour of the 1st Respondent- Cytech Coatings Private Limited deposited on behalf of the Corporate Debtor immediately. 10. In effect, order (s), passed by the Adjudicating Authority appointing Resolution Professional , declaring moratorium, freezing of a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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