SURPREME INFRASTRUCTURE INDIA LTD Vs. RAMAPRASTHA PROMOTERS & DEVELOPERS PVT LTD
LAWS(NCLT)-2017-12-591
NATIONAL COMPANY LAW TRIBUNAL
Decided on December 21,2017

SURPREME INFRASTRUCTURE INDIA LTD Appellant
VERSUS
RAMAPRASTHA PROMOTERS And DEVELOPERS PVT LTD Respondents

JUDGEMENT

R P Nagrath, Member - (1.) Mr. Anand Chhibbar and Mr. Akshay Bhan, Senior Advocates with Mr.Gaurav Mankotia, Advocate for petitioner. Having heard learned senior counsel for petitioner, it is noticed that the affidavit filed in terms of clause (b) of sub-section (3) of Section 9 of the Insolvency and Bankruptcy Code, 2016 does not comply with the requirement of provisions. Clause (b) of sub-section (3) of Section 7 of the Code requires furnishing of affidavit to the effect that there is no notice given by the corporate debtor relating to dispute of unpaid operational debt.
(2.) The affidavit referred to at page 409-A of the paper book indicates that no notice of dispute in terms of Section 8(2) of the I&B Code has been received by the petitioner company to its demand notice dated 09.09.2017 which does not comply with the said provision.
(3.) The petitioner has also not attached copy of the ledger account maintained by the petitioner in respect of the corporate debtor.;


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