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TMI Blog2021 (3) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... ice is issued under section 8 of the IBC, 2016 - This Bench is of the view that for initiating CIRP against the corporate debtor, section 8 of the Code mandates that the demand notice has to be issued in such a form and manner as may be prescribed. The demand notice issued by the petitioner is not in the form as mandated in the rule and hence this notice is a defective notice - Petition dismissed. - C. P. (IB) No. 240 /NCLT/MB/ 2019 - - - Dated:- 17-6-2020 - SMT. SUCHITRA KANUPARTHI (Judicial Member) and V. NALLASENAPATHY (Technical Member) Jagdish S. Hegde for the petitioner. None present for the corporate debtor. ORDER M/s. Shree Associates, the petitioner/operational creditor herein filed this petition under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s annexed to the petition as annexure (4) and the same reads as below : Dated : September 25, 2016 Statutory notice To, KS Softnet Solutions P. Ltd., Regd. Office at 058, Oshiwara Link Plaza Commercial Complex CHS Ltd., 1st Floor, New Link Road Extn., Jogeshwari (W), Mumbai-400 102. Dear Sir(s), This is to bring to your kind attention that we, Shree Associates, a proprietor firm being run from Seth Cottage, 16/126, Street No. 5, Faiz Road, Karol Bagh, New Delhi-110 005, hereby serve upon you this statutory notice under the Companies Act, 2013. 2. That pursuant to orders at September 11, 2012 placed by you, we had installed our mobile plant at your site and had cast paver tiles/ kerbs as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at we, through our authorized representative time and again have appraised you through your chairman, managing director and other authorized officials, for the payment of the said amount, on advise of your chairman reconciled the account and requested to pay dues as per your outstanding confirmed by your account statements and ours however in vain. Kindly take not that vide our letters dated December 5, 2016 and April 17, 2017 we had also demanded the aforesaid outstanding amount from you. But you have intentionally failed and neglected to pay the said admitted outstanding amount to us. 6. That you have admitted our aforementioned claim but have no means to pay the outstanding bill amount to us. 7. That with an ulterior motive of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of an invoice demanding payment of the amount involved in the default to the corporate debtor in such form and manner as may be prescribed. (2) The corporate debtor shall, within a period of ten days of the receipt of the demand notice or copy of the invoice mentioned in sub- section (1) bring to the notice of the operational creditor- (a) existence of a dispute, if any, and record of the pendency of the suit or arbitration proceedings filed before the receipt of such notice or invoice in relation to such dispute ; (b) the repayment of unpaid operational debt- (i) by sending an attested copy of the record of electronic transfer of the unpaid amount from the bank account of the corporate debtor ; or (ii) by sending ..... X X X X Extracts X X X X X X X X Extracts X X X X
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