- (1.) Ld. Counsel appearing on behalf of the petitioner has informed that arguing senior Counsel is not present. Ld. Counsel appearing on behalf of the petitioner refused to argue. Ld. Counsel for the corporate debtor is present.
(2.) Petitioner has filed this petition u/s. 9 of the Insolvency and Bankruptcy Code, 2016 (l&B Code). As per provisions of Section of l&B Code, a petition u/s 9 can only be filed after issuance of demand notice u/s. 8(1) of the l&B Code. Petitioner has annexed the demand notice issued against the corporate debtor, which shows that this notice was issued by Ms. Ankita Mitra, Advocate, who was not holding any position in operational creditor and no authority has been filed to show that she has given authority to issue demand notice under l&B Code.
(3.) In view of the judgement of the Hon'ble NCLAT in Company Appeal (AT) (Insolvency) 39 of 2017 (Uttam Galva Steels Ltd. v. DF Deutschwe Forfait AG & Anr.) it was held that "In view of provisions of l&B Code, read with Rules, as referred to above, we hold that an 'Advocate/Lawyer' or 'Chartered Accountant' or Company Secretary' in absence of any authority of the Board of Directors, and holding no position with or in relation to the Operational Creditor cannot issue any notice under Section 8 of the l&B Code, which otherwise is a 'lawyer's notice' as distinct from notice to be given by operational creditor in terms of section 8 of the l&B Code.";