“If notice under Section 8 is not replied by the Corporate Debtor for some reason or other it does not debar the Corporate Debtor to contest the application filed under Section 9 of the Code by raising its defence”
The National Company Law Appellate Tribunal (“NCLAT”) New Delhi bench has held that the Corporate Debtor cannot be prevented from opposing the application submitted under section 9 of the Insolvency and Bankruptcy Code, 2016 (Code), simply because the Debtor did not respond to the Operational Creditor’s demand notice issued under section 8 of the Code.
The appellant, Spik Enviro Management Pvt. Ltd., filed an application under Section 9 of the Code for Rs. 2,77,68,000 that it claimed was owed and payable by the…
