Basf India Ltd vs Kaygee Shoetech Pvt. Ltd

Basf India Limited .... Appellant

Vs

Kaygee Shoetech Pvt. Ltd. .... Respondent

Present: For Appellant: Mr. P.V. Dinesh, Mr. Ashwini Kumar Singh, Ms. Sindhu T.P., Advocates.

For Respondent:

ORDER

25.11.2019 Admittedly, from the record we find that Demand Notice

under Section 8(1) of the Insolvency and Bankruptcy Code, 2016 (hereinafter

referred to as the 'I&B Code') was not served on the 'Corporate Debtor'.

Therefore, an application under Section 9 of the I&B Code was not

entertained by the Adjudicating Authority by impugned order dated 22nd

October, 2019.

2. The learned Counsel for the Appellant submits that email of Demand

Notice was issued to the Respondent, but we are not inclined to accept the

same as it was not in format and email does not suggest that it was served

or received by the 'Corporate Debtor'.

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3. For the aforesaid reasons, we are not inclined to grant any relief to the

Appellant. However, it will be open to the Appellant to file afresh application

under Section 9, after serving a copy of Demand Notice on Respondent by

Speed Post. The Appeal stands disposed of with the aforesaid liberty.

[Justice S. J. Mukhopadhaya] Chairperson

[Justice Bansi Lal Bhat] Member (Judicial)

[Justice Venugopal M.] Member (Judicial)

Ash/GC Company Appeal (AT) (Insolvency) No. 1355 of 2019 Page 2 of 2