9911796707
TMI Blog2019 (10) TMI 281X X X X Extracts X X X X X X X X Extracts X X X X ..... registered address. Section 8(1) specifically mentions that an Operational Creditor may, on the occurrence of a default, deliver a demand notice of unpaid Operational Debt . The law specifically mandates that the Operational Creditor shall see to it that the demand notice is actually delivered by the Operational Creditor or any of its Agents, Postal Authorities or whatever mode is adopted by him to deliver the demand notice but, there should be specific physical delivery of the notice - It is further clarified that the Corporate Debtor shall be bound to bring to the notice of the Operational Creditor about the existence of dispute or payment of unpaid Operational debt within a period of 10 days of receipt of demand notice or copy of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eady Mix Concrete to the Corporate Debtor s site at Spring City, Kantabada, Chandaka, Bhubaneswar, Orissa and Challan-Cum-Excise Cum Tax Invoices Nos. 6038 dated 14th January, 2016, 6039 dated 14th January, 2016, 6040 dated 15th January, 2016, 6041 dated 15th January, 2016, 6042 dated 15th January, 2016, 6043 dated 15th January, 2016, 6044 dated 15th January, 2016, 6049 dated 15th January, 2016, 6052 dated 15th January, 2016, 6053 dated 15th January, 2016, 6054 dated 15th January, 2016 and 6059 dated 15th January, 2016 were issued by the Operational Creditor in support of the Ready Mix Concrete delivery. 3. It is further submitted that all the invoices including the specific ones mentioned herein above were accepted by the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on 5th December, 2018) and it is duly served at the registered office of the Corporate Debtor. 6. It is further submitted that the notice was returned unserved by the postal department with the endorsement left and as per the India Post online track report the same was unclaimed . 7. The Operational Creditor has also served the said notice by e-mail on 11th December, 2018 at the e-mail ID of the Company as shown in the records in the master data of the Ministry of Corporate Affairs as well as other e-mail IDs as per the records of the Operational Creditor but there has been no repayment of the Operational debt by the Corporate Debtor and no notice of any dispute as contemplated under the Insolvency and Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... post was undelivered and returned with the remarks addressee left without instructions . Corporate Debtor is called, absent and declared ex-parte. 9. Before going into the merits of the case, it was noticed that the mandatory precondition of law has not been fulfilled in this matter because no notice under Section 8 of the Code appears to have been delivered. 10. After hearing the Ld. Counsel for the Operational Creditor and on perusal of the records, we are convinced that mandatory notice as provided under Section 8 of the Code though attempted to be served, has in fact not been delivered on the Corporate Debtor. Section 8 is reproduced as under:- Section 8. Insolvency resolution by operationa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or, but it could not be delivered due to the absence of the Corporate Debtor at its registered address. Section 8(1) specifically mentions that an Operational Creditor may, on the occurrence of a default, deliver a demand notice of unpaid Operational Debt . Section 8(2) also specifically mentions that the Corporate Debtor shall, within a period of ten days of the receipt of the demand notice, . . . So, the law specifically mandates that the Operational Creditor shall see to it that the demand notice is actually delivered by the Operational Creditor or any of its Agents, Postal Authorities or whatever mode is adopted by him to deliver the demand notice but, there should be specific physical delivery of the notice. It is further clarifie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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