2019 (12) TMI 1408

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..... hether the Demand Notice was served to the whole time director or designated partner or key managerial personnel as contemplated under the Rules namely Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. It is required to be seen that in relation to the Operational Creditor under the provisions of I B Code, 2016, in particular, a Notice of Demand is required to be served on the Corporate Debtor in compliance with Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. In the absence of service of Demand Notice upon the Corporate Debtor as required to be served, taking into consideration, the Demand Notice under Section 8 of the I B Code, 2016 read with attendant Rules, notice o .....

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..... his Authority posed a query to the Learned Counsel as to whether the Applicant has exhausted the other modes as available to the Applicant in relation to the service of Demand Notice upon the Corporate Debtor, the Learned Counsel represents that an e-mail communication has been sent as to complete the service. A perusal of the said e-mail communication which is placed at page 10 of the Application discloses as follows:- "To: Eplt - EPL PURCHASE , Krishnan Sambudevan , Eplt - Girish Pallliwal , Eplt Info , Rajalakshmi B, , Sales EPLT , Dinesh Logar Dear Sir, Please find the attached filed of FORM 3 Form 4, for yo .....

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..... he said Affidavit does not disclose when the notice was issued and served upon the Corporate Debtor, and as to the mode of service under which the Corporate Debtor was successful in relation to the service of Demand Notice upon the Corporate Debtor. It is required to be seen that in relation to the Operational Creditor under the provisions of I&B Code, 2016, in particular, a Notice of Demand is required to be served on the Corporate Debtor in compliance with Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. In the absence of service of Demand Notice upon the Corporate Debtor as required to be served, taking into consideration, the Demand Notice under Section 8 of the I&B Code, 2016 read with atten .....

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