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TMI Blog2018 (7) TMI 2317X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Authority) Rules 2016 i.e. Demand Notice under Section 8(1) was issued by the Operational Creditor on 29th August 2017. It was not served on the Corporate Debtor and returned with the note insufficient address . The Adjudicating Authority at paragraph 4 of the impugned order though noticed that notice sent to the Corporate Debtor returned unserved with insufficient address, in spite of the same the application under Section 9 was entertained on the ground that the address of the Corporate Debtor as appearing on the website was mentioned by the Operational Creditor. The legislative intent of issuance of Demand Notice under Section 8(1) is not a mere formality but a mandatory provision. Only after service of notice under Section 8(1) a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mukhopadhaya) Chairperson And (Justice Bansi Lal Bhat) Member(Judicial) For the Appellant : Mr. Arun Kathpalia, Mr. Shankh Sengupta, Mr. Aanchal Kapoor and Ms. Bani Brar, Advocates For the Respondents : Mr. Ashok Kumar Juneja, Ms. Renu Tyagi and Mr. Mithilesh Kumar, Advocates for RP (R-2) ORDER This appeal has been preferred by the appellant Prajna Prakash Nayak, shareholder and Managing Director of M/s Business Arts India Private Limited (Corporate Debtor) against Order dated 19th April 2018 passed by the Adjudicating Authority,( National Company Law Tribunal ), (NCLT), Hyderabad Bench, Hyderabad. By the impugned order the application preferred by 1st Respondent M/s ASAP Info Systems Pvt. Limited, (Operational Creditor) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the same the application under Section 9 was entertained on the ground that the address of the Corporate Debtor as appearing on the website was mentioned by the Operational Creditor. 6. The legislative intent of issuance of Demand Notice under Section 8(1) is not a mere formality but a mandatory provision. Only after service of notice under Section 8(1) and on completion of 10 days, if payment towards the demand is not made, an Operational Creditor accrues right to file application under Section 9 and not before such date. 7. In that view of aforesaid admitted position and in absence of service of Demand Notice, we hold that application under Section 9 of 'I B Code' 2016 was not maintainable. 8. This apart, we find th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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