R P Nagrath, Member - (1.) This petition is under Section 9 of the Insolvency and Bankruptcy Code, 2016 in Form No.5 as prescribed in Rule 5 of the insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. Learned counsel for the petitioner, inter alia contends that the respondent-Corporate Debtor was sent the Demand Notice (Annexure II) by Speed Post as well as on the email address available in the master data of the company uploaded on the portal of Ministry of Corporate Affairs. That master data is at page 43 of the Paper Book.
(2.) Having heard the learned counsel for the petitioner, following defects are noticed: (i) The petitioner would file affidavit along with the envelop which is stated to have been returned. The affidavit would also state that email was delivered to the Corporate Debtor at the address mentioned in the master data. (ii) The affidavits filed in support of the application and another affidavit stating therein that the petitioner has neither received the payment nor any notice of dispute from the Corporate Debtor are not in the prescribed proforma. Both these affidavits have to be filed afresh. (iii) The petitioner shall also file affidavit stating therein that the petition was served upon the respondent by giving the details that the copy of the petition along with the Paper Book was sent at the registered office but the same was returned along with report of the postal authority. The affidavit shall contain the statement to this effect along with the envelope which was returned and the Track Report of Postal Department.
(3.) Notice of these defects to the petitioner and learned counsel for petitioner, has accepted the notice of these defects. The same are required to be removed within seven days' mandatory period.;