Whether service of Demand Notice u/s 8 of IBC to official email id of Corporate Debtor available on MCA portal which is not the email address of Whole-Time Director/Key Managerial Personnel is valid or not? – DHL Supply Chain India Pvt. Ltd. Vs. Eicher Motors Ltd. – NCLT New Delhi Bench Court-II
June 1, 2023
In this case, the Respondent stated that the Demand Notice is not served upon the Corporate Debtor at the registered office by hand, registered post, or speed post with acknowledgment due or by electronic mail service to a whole-time director or designated partner or key managerial personnel. It is served via official email which is not the email address of a key managerial personnel.
The Adjudicating Authority held that no illegality or deficiency in the service of the Demand Notice, which has been duly served through the E-mail addressed to the Corporate Debtor with “Attention to its Managing Director”, who is a “Key Managerial Personnel” of the Corporate Debtor. Hence, we would like to proceed ahead in examining the application on its merits.
