Premraj Packagings vs Unnao Distilleries & Breweries
- CitationCompany Appeal (AT) (Insolvency) No. 24 of 2020
Ratio decidendi
The rule this decision rests on
The Tribunal will not interfere with an order rejecting a Section 9 application for want of service of a Section 8(1) demand notice where the applicant has not shown that the notice was in fact served; the court declined to treat an email attachment as the demand notice in Form-3 where the email had been reported undelivered for an "insufficient address", and held that the Adjudicating Authority, on a fresh application filed after a valid demand notice is served on the corporate debtor and the matter is not settled within 10 days, must consider that application uninfluenced by the earlier rejection and must count limitation from the date of the email, 5 February 2019.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
M/s. Premraj Packagings ...Appellant
Vs.
M/s. Unnao Distilleries & Breweries ...Respondent
Present: For Appellant: - Mr. Abhishek Anand, Mr. Tushar Tyagi and Mr. Viren Sharma, Advocates.
O R D E R
10.01.2020─ The Appellant preferred an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code" for short) against 'M/s. Unnao Distilleries & Breweries Ltd.'- ('Corporate Debtor') which was rejected by the Adjudicating Authority (National Company Law Tribunal), Allahabad Bench, by impugned order dated 4th October, 2019 on the ground that notice under Section 8(1) was not served on the 'Corporate Debtor'.
2. Learned counsel appearing on behalf of the Appellant referred to an e-mail (at page 27) dated 5th February, 2019 to suggest that the attachment therein was the Demand Notice in Form-3.
3. However, we are not inclined to accept such e-mail in view of the fact that India Post reported "insufficient address". In the circumstances, while we are not inclined to interfere with the impugned order dated 4th October, 2019, allow the Appellant to serve fresh Demand Notice under
Contd/-.............
-2- Section 8(1) of the 'I&B Code' on the 'Corporate Debtor' and after service, if the matter is not settled within 10 days, may file fresh application under Section 9 enclosing therewith the service report.
4. In such case, the Adjudicating Authority will consider the application under Section 9 uninfluenced by the impugned order dated 4th October, 2019 and will count the period of limitation taking into consideration the date of e-mail i.e. 5th February, 2019.
The appeal stands disposed of with aforesaid observations. No costs.
(Justice S.J. Mukhopadhaya) Chairperson
(Justice Bansi Lal Bhat) Member(Judicial)
Ar/g
Company Appeal (AT) (Insolvency) No. 24 of 2020
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