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Valid and legal demand notice under Section 8 of the IBC is pre-requisite – Agarwal Coal Corporation Pvt. Ltd. Vs. Nilkanth Concast Pvt. Ltd. – NCLAT New Delhi

NCLAT held that if Operational Creditor is not in a position to satisfy the Adjudicating Authority on the validity of the demand notice certainly application filed under Section 9 of the code is required to be rejected. In absence of proper authorization for issuance of demand notice under Section 8 of the code such demand notice may not be termed as if it was in accordance with the provision contained in the code for admitting an application under Section 9 of the code, valid and legal demand notice under Section 8 of the code is pre-requisite.

Valid and legal demand notice under Section 8 of the IBC is pre-requisite – Agarwal Coal Corporation Pvt. Ltd. Vs. Nilkanth Concast Pvt. Ltd. – NCLAT New Delhi Read Post »

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