Insolvency Plea Rejected for Failure to Prove Mandatory Notice Service

Indo Spirits Vs Origin Appliances Pvt. Ltd. (NCLAT Delhi)

The NCLAT upheld the rejection of a Section 9 application on the ground that the applicant failed to prove valid service of the mandatory Section 8 demand notice on the corporate debtor. Although the applicant submitted postal proof with the application, the notice was returned undelivered with the remark “addressee left without instructions,” and no evidence showed service on any director or delivery at the registered office. After the hearing concluded, the applicant filed an additional affidavit claiming email service

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