The National Company Law Appellate Tribunal (NCLAT) , principal bench, New Delhi has dismissed an appeal challenging the rejection of a Section 9 application filed under the Insolvency and Bankruptcy Code (IBC), holding that the statutory requirement of serving a Section 8 demand notice on the corporate debtor was not fulfilled.
The appellant had filed the Section 9 application seeking initiation of corporate insolvency resolution proceedings (CIRP), relying initially on postal service of the Section 8 notice, which was returned undelivered.
During the proceedings before the Adjudicating Authority , the appellant filed an affidavit claiming that the notice had also been served via email. However, the NCLT observed that…