- (1.) Ld. Counsel for the operational creditor is present. No one is present from the corporate debtor's side. Petitioner has filed this petition u/s. 9 of the Insolvency and Bankruptcy Code, 2016 (I & B Code 2016) .
(2.) It appears that operational creditor has served notice under section 8(1) of the I & B Code, 2016 through his Advocate. 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.
(3.) Therefore, petition is dismissed as not maintainable with liberty to file fresh petition after compliance of I & B Code, 2016.;