NARESH KUMAR & COMPANY PVT LTD Vs. KALYANPUR CEMENTS LIMITED
LAWS(NCLT)-2017-3-9
NATIONAL COMPANY LAW TRIBUNAL
Decided on March 23,2017

NARESH KUMAR And COMPANY PVT LTD Appellant
VERSUS
KALYANPUR CEMENTS LIMITED Respondents

JUDGEMENT

- (1.) Ld. Counsel for the petitioner is present. ( ' Petitioner has filed this petition under section 9 of the IBC, 2016. He has annexed the copy of the notice which is served on the respondent Corporate Debtor which is at page 62 of the petition.
(2.) But this notice is not in form No.3 under sub-clause (a) of sub-rule (1) of Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. Before filing a petition u/s. 9 of IBC, 2016 notice in Form 3 is to be served on the Corporate Debtor 10 days in advance.
(3.) Therefore, we hereby direct the petitioner to serve notice on the Corporate Debtor in prescribed Form 3 of Insolvency and l Bankruptcy (Application to Adjudicating Authority) Rules, 2016 within 7 days.;


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