Whether a demand notice issued by an advocate, on the instructions of the Operational Creditor, is a valid notice? – Orient Abrasives Ltd. Vs. Fairmate Chemicals Pvt. Ltd. – NCLAT New Delhi
This issue is no more res-integra in view of the decisions of this Tribunal in the case of Mohit Minerals Ltd. (2021) ibclaw.in 09 NCLAT and the decision of Hon’ble Supreme Court in the case of Macquaire Bank Limited Vs. Shilpi Cable Technologies Limited, [2017] ibclaw.in 14 SC. The only objection raised by the Respondent which has to be dealt with is as to whether there was an authority vested in the Advocate to have instructed the law firm for the purpose of issuance of notice under Section 8 of the Code?
