TECHNO (INDIA) Vs. ANKIT METAL & POWER LTD

JUDGEMENT

(1.) Ld. Counsel for the operational creditor and the corporate debtor are present.

(2.) Operational creditor has filed this petition u/s. 9 of the Insolvency and Bankruptcy Code, 2016 (I & B Code 2016) . It appears that operational creditor has served notice under section 8(1) of the I & B Code, 2016 through his Advocate.

(3.) As per law laid down by the Hon'ble NCLAT in Company Appeal (AT) (Insolvency) 39 of 2017 ( Uttam Galva Steels Ltd. v. DF Deutschwe Forfait AG & Anr.) notice can only be given by the person having authority to issue notice and holding position in the company.