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TMI Blog2020 (9) TMI 1116X X X X Extracts X X X X X X X X Extracts X X X X ..... Corporate Debtor cannot be accepted. The Learned Counsel is relying only on the Postal Cash Receipts which are at Page 44 which relate to booking of the document with the Postal Authorities. The Respondent did not appear or did not contest. That would not be material looking to the fact that it is burden on the Operational Creditor to make out a case for admitting an Application under Section 9 when the address of the Section 8 notice does not match with the registered address mentioned in Application under Section 9, it cannot be said that the burden on the Operational Creditor has been discharged - Even if such stand was not taken, we cannot close our eyes to what is obvious from the record. Insolvency and Bankruptcy Code, 2016 Proceeding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Reply. The Adjudicating Authority has recorded findings in Para 7 to 15 of the Impugned Order as under: 7. Heard the counsels appearing for both the sides and perused the documents annexed to the Application. 8. On perusal of the records it is found that the corporate debtor has not filed any reply to the petition. On perusal of the records it is also found that from 21.10.2019, on the behest of both the parties, the matter got adjourned for settlement and the respondent has not filed reply on the garb of settlement. 9. On perusal of the record it is found that the demand notice issued by the operational creditor on 09.01.2019 is incomplete and it is not as per the format prescribed under the Insolvency and Bankruptcy (Appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmits that there were various invoices raised as mentioned in Part-IV of the Application under Section 9 (Annexure A/14) and the work done was of ₹ 11,05,716/- and the Cash Payments were received which are noted and after giving credit of part payments ₹ 1,45,716/- was due. It is claimed in spite of requests the Corporate Debtor did not clear the dues. 5. We have already seen above the reasons recorded by the Adjudicating Authority for not accepting the claim of the Appellant in spite of the Respondent not filing Reply-Affidavit before the Adjudicating Authority. The Operational Creditor could not invoke confidence of the Adjudicating Authority for initiating such stringent action as one under Section 9 of Insolvency and Ban ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess of the Section 8 notice does not match with the registered address mentioned in Application under Section 9, it cannot be said that the burden on the Operational Creditor has been discharged. The Learned Counsel now submits that this was not the stand taken before the Adjudicating Authority. Even if such stand was not taken, we cannot close our eyes to what is obvious from the record. Insolvency and Bankruptcy Code, 2016 Proceedings are serious mattes and we cannot simply admit Application under Section 9 if we are not satisfied with compliance of requirements of law. 8. For these and reasons recorded by the Adjudicating Authority, we are also not convinced that the Application under Section 9 is required to be admitted. There is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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