JUDGEMENT
R P Nagrath, Member -
(1.) This is a petition under Section 9 of the Insolvency & Bankruptcy Code, 2016 filed by the Operational Creditor. Learned counsel for petitioner submits that all the invoices in respect of the transactions have been sent along with the demand notice to the Corporate Debtor. Notices were sent by registered post vide Annexure-4 and there are the track reports showing delivery of the item to the respondent. Having heard the learned counsel for petitioner, the following defects are found:-
i) Fresh affidavit dated 07.07.2017 in support of application bears some additions without those additions being attested by the Notary Public, therefore, the petitioner is required to file a fresh affidavit;
ii) There is no certificate by the Financial Institution in terms of the mandatory requirement of Section 9 (3) (c) of the IBC Code, 2016; and
iii) Affidavit of the authorised representative that no notice of the dispute relating to the unpaid operational debt has been received from the Corporate Debtor is also not in prescribed format and there is a general verification that the statement in the affidavit is to the best of my knowledge and belief, which is not proper. Notice of these defects to the petitioner and the same is accepted by learned counsel for petitioner. Let the same be removed within seven days. Notice of hearing of this petition be also sent to the Corporate Debtor for 27.07.2017.;
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