Receipt of demand notice under Section 8 of the Code by the Corporate Debtor is a must – Nitin Singh Proprietor of Shri Shyam Printers Vs. Waves Bio-tech Pvt. Ltd. – NCLAT New Delhi
The Adjudicating Authority has dismissed the petition filed by Operational Creditor u/s 9 of the Code. The case of the Appellant is that it has sent the demand notice at the registered office of the CD as per the Master Data available on MCA Website but the demand notice sent through speed post on could not be delivered to the CD /the Respondent and returned back with the remarks “No such person found”. Then the OC/Appellant also sent email at the email id mentioned in the Master data of the Company and the email was not bounced back. NCLAT upheld the decision of the AA.
