LAWS(NCLT)-2017-9-152

SINGHANIA INTERNATIONAL LTD Vs. SHAM UDYOG LIMITED

Decided On September 12, 2017
Singhania International Ltd Appellant
V/S
SHAM UDYOG LIMITED Respondents

JUDGEMENT

(1.) It is, inter alia, contended that notice sent to Corporate Debtor in terms of Section 8 of Insolvency and Bankruptcy Code, 2016 was returned with the report that 'the premises was found closed for quite some time'. However, notice was delivered to two of the Directors of the company. Similarly, petitioner's representative has handed over the original envelope in which copy of this petition and the entire paper book was sent to the Corporate Debtor by Speed Post which was returned with the similar report. Let these be taken on record.

(2.) Affidavit at page 177 sworn in by the Authorised Representative of the petitioner-company dated 18.08.2017 is not in the prescribed format, neither verified according to the said format. Notice of this defect to the petitioner and Authorised Representative appearing for the petitioner accepts notice of this defect. Let the same be removed within seven days. Notice of this petition to the Respondent-Corporate Debtor for 03.10.2017. It is directed that the notice be collected from the Registry and be sent to the Respondent-Corporate Debtor along with copy of the petition and entire paper book by Speed Post as well as at the email address available on the master data of the company at page 94 of the paper book which shows that the company is still active.