9911796707
TMI Blog2018 (9) TMI 1807X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent") for initiation of Corporate Insolvency Resolution Process ("CIRP") against the Respondent. 2. The Applicant avers in its application that the Respondent is a private limited company and through its authorized representative/management approached the Applicant and showed interest in the goods sold by the Applicant. Initially, the Respondent placed small orders and cleared the dues immediately. Afterwards, the Respondent started delaying the payments. As per the ledger accounts maintained by the Applicant a sun of Rs. 7,67,675/- is outstanding from the Respondent to the Applicant. Despite repeated requests the Respondent failed to make any payments to the Applicant. Thus, the &n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resented by Ld. Counsel for Petitioner that prior to the notice taken to Bhubaneshwar office on 13.12.2017 an attempt was made to serve the office at Delhi of the Corporate Debtor which it is claimed to be the registered office address of the Corporate Debtor, as early as 13.12.2017. A copy of the said demand notice as issued to the office at Delhi Of the Corporate Debtor dated 13.12.2017 along with tracking report has been filed. Perusal of the same, particularly in relation to dispatch proof at page No. 149 of the petition discloses that there is no affirmative proof as given by India Post for the delivery of the consignment and also the notice sent at the Delhi office was sent back as seen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manner of service upon the whole time director by electronic mail service proof of which the operational creditor has failed to furnish. Thus, the onus is on the Operational Creditor to establish that the copies of section 8 notice which have been marked are served by way of electronic mail service, and the same is required to be established 13. Ld. Counsel of the operational creditor also makes a submission that Section 27 of the General clauses Act, 1897 will come into play under the circumstances which is reproduced for sake of Convenience as under: "27. Meaning of service by post. - Where any [central act] or regulation made after the commencement of this act autho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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