Only in a situation where the Corporate Debtor within 10 days of the receipt of demand notice, has not sent the reply to the Operational Creditor, then only, an affidavit to that effect can be submitted in terms of Sec. 9(3)(b) of the Code – Sangeeta Goel Vs. Roidec India Chemicals Private Limited – NCLAT

NCLAT considering decisions of Hon'ble Supreme Courts in Macquarie Bank Vs. Shilpi Cable Technologies Ltd.and Surendra Trading Company V. Juggilal Kamlapat held that it is clear that only in a situation where the Corporate Debtor within 10 days of the receipt of demand notice, has not sent the reply to the Operational Creditor, then only, an affidavit to that effect can be submitted in terms of Section 9(3)(b) of the Code. But in a case where such notice has been sent, in reply to the demand notice by the Corporate Debtor ‘an affidavit to that effect cannot be given’.

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