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TMI Blog2019 (9) TMI 1461X X X X Extracts X X X X X X X X Extracts X X X X ..... e - Corporate Debtor said that there appears to be some delay in making the payments but the respondent was making regular payment to the petitioner. HELD THAT:- Prior to going to the merits of the case by this Tribunal, it was observed that the notice of demand enabling the filing of the present petition has not been sent by the Petitioner Kutch Chemicals rather it was sent by Panoli Inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to served - this petition on the issue of maintainability arising out of service of notice of demand having not been delivered upon the corporate debtor in accordance with the provisions of section 8 of IBC, 2016 read with Rule 5 of AAA Rules 2016 stands rejected in exercise of section 9(5)(ii)(c) of IBC, 2016 but without cost. - IB-1130/(ND)/2019 - - - Dated:- 2-9-2019 - Kapal Kumar Vohra, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ices and failed to make payment for the goods supplied and invoices raised by Operational Creditor. c. The total amount of default as on 1 Oct, 2018 is ₹ 43,80,765/-. The said demand notice was duly delivered on the corporate debtor at its registered office in Delhi but corporate debtor neither made payment of unpaid operational debt nor raised existence of any dispute. 3. Upon an o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of notice of demand upon the Corporate Debtor by the Operational Creditor makes this application liable to be rejected as held by the Hon'ble NCLAT in Company Appeal (AT) (Insolvency) No. 194 of 2019 in the matter of M/s. Krystal Integrated Services Pvt. Ltd. vs. M/s. Indiaontime express Pvt. Ltd. dated 12.07.2019 relying upon the decision of the Hon'ble Supreme Court in Mobilox Innovati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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