9911796707
TMI Blog2022 (2) TMI 796X X X X Extracts X X X X X X X X Extracts X X X X ..... ty ought to have been given to the Appellant to explain before the Adjudicating Authority and remove defects, if any, including details of authorization of person issuing notice. There is no dispute that the application under Section 9 was filed by the person who was duly authorized by the Board Resolution dated 15.11.2019 - Finding of Adjudicating Authority that there is different signatory in the demand notice and Section 9 application and name of person who signed notice is not clearly mentioned cannot be ground for rejecting application under Section 9. The Adjudicating Authority ought not have rejected application on aforesaid ground. Now the materials have been brought on record to the effect that person who has given the Section 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Corporate Debtor appeared before the Adjudicating Authority. The Adjudicating Authority rejected the application by giving following reasons in Para 11:- 11. On perusal of the records it is found that the demand notice which is a pre-requisite under section 8 of the Insolvency Bankruptcy Code, 2016 for filing the petition under section 9, issued by the applicant on 07.10.2019 (page 57-74) is signed and issued by an unidentified person on behalf of the applicant company without mentioning designation or full name of the person who has signed it. On perusal of the records it is found that vide Board Resolution dated 15.11.2019 one Mr. Sandeep Pramanik, Director Human Resource has been given authority to initiate CIRP proceedings ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht on record by the Appellant which is of the period earlier to the notice. 3. Learned counsel for the Respondent submits that Power of Attorney which has been filed in the Appeal was not filed before the Adjudicating Authority and could not be relied. He submits that in the notice under Section 8 there were no details of the person who has signed the notice; hence the Adjudicating Authority has rightly rejected the application. He further submits that liberty was granted to the Appellant to initiate fresh proceeding. 4. We have considered submissions of learned counsel for the parties and perused the record. 5. The fact that Section 8 notice was issued by the Corporate Debtor find mention in the Section 9 application and adopted f ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
