R P Nagrath, J. - (1.) This petition has been filed for initiating Corporate Insolvency Resolution Process by the Operational Creditor against the Corporate Debtor. Learned counsel for petitioner inter alia contends that the application has been filed in the prescribed Form 5 as per Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. Learned counsel further submits that against Sr.No.2 of Part IV of the application, the date of default is required to be mentioned. The answer is contained against Sr.No.1 of Part IV of the application that the date of default in respect of various transactions is on expiry of 7days from the dates of invoices.
(2.) Learned counsel further submits that with the Demand Notice (Annexure P5) copies of all the invoices were also sent to the Corporate Debtor. In support of this contention, the learned counsel referred to the affidavit of Mr.Ashwani Kumar, Authorised Representative of the Operational Creditor that the Demand Notice dated 08.04.2017 was despatched on 10.04.2017 but the same was returned by the postal authorities with the report that 'addressee refused to take delivery'. The envelope containing the report and the notice along with the Paper Book sent along with the notice is at Annexure P-20. Learned counsel for petitioner further submits that scanned copies of all the invoices were also sent by email with attachments of 13MB and for this Annexure P-21 is relied upon.
(3.) Learned counsel further submits that this petition along with entire Paper Book was despatched to the Respondent-Corporate Debtor as well as to the Managing Director of the Corporate Debtor for which the postal receipts are at Page 334 of the Paper Book. The petitioner is required to file affidavit in this regard with the track report or certificate of the Postal Department in token of delivery of the article. The matter is adjourned to 01.06.2017 for hearing. The affidavit be filed by that date.;