Mass Metals Pvt. Ltd. Vs. Sunflag Iron & Steel Co. Ltd.

In the present case as an advocate/lawyer has given notice under Section 8 and there is nothing on record to suggest that the Advocate/lawyer has been authorised by ‘Board of Directors’ of the Respondent – ‘Sunflag Iron & Steel Co. Ltd.’ to do so, and there is nothing on record to suggest that the Advocate/lawyer hold any position with or in relation with the Respondent, we hold that the notice issued by the Advocate/lawyer on behalf of the Respondent cannot be treated as a notice under section 8 of the I&B Code. For the said reason, the petition under section 9 at the instance of the Respondent against the Appellant was not maintainable. This apart, we find that no notice issued by Adjudicating Authority was served on the appellant prior to passing of the impugned order. Notice under sub-section (1) of Section 8 was issued by an advocate and not by the Respondent and that the appellant was not given a proper opportunity by the Adjudicating Authority before passing of the impugned order and the impugned order was passed in violation of the rules of natural justice, the impugned order cannot be upheld.