# In the matter of Alloysmin Industries vs Raman Casting Private Limited CA(AT)(Insolvency) 684-2018

> NCLAT judgment dated 2019-01-21. Citation: TCN-2019-NCLAT-00863. The Appellant, Alloysmin Industries, filed an application under Section 9 of the Insolvency…

- **Court:** NCLAT
- **Order date:** 21 Jan 2019
- **Citation:** TCN-2019-NCLAT-00863
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/alloysmin-industries-vs-raman-casting-private-limited-ca-5db889d8

## Summary

### Background

The Appellant, Alloysmin Industries, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating the Corporate Insolvency Resolution Process against the Respondent, Raman Casting Private Limited. The Adjudicating Authority rejected the application on the grounds that the demand notice under Section 8 was not properly served at the registered office, despite being sent via courier and returned with the remark 'S/A RTO'.

## Facts

Alloysmin Industries (Appellant) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Raman Casting Private Limited (Respondent/Corporate Debtor) for initiating the Corporate Insolvency Resolution Process. The Adjudicating Authority rejected the application because the demand notice under Section 8 was returned with the remark 'S/A RTO' when sent to the registered office. The Appellant claimed that the demand notice was also served at the Industrial Area Office. The Respondent did not appear despite notices being served at both addresses. The Respondent did not dispute the outstanding claim of Rs. 7,67,675/-. The Appellant also filed an application under Section 9 (in Form 5 at page 29), which shows that the application is complete.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in rejecting the application under Section 9 on the ground …

**Ratio:** The Adjudicating Authority erred in rejecting the application under Section 9 based on

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**Reasoning:** The court reasoned that the Adjudicating Authority's interpretation was too narrow. The

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**Interpretation:** The interpretation of Section 8 and 9 of the Insolvency and Bankruptcy Code,

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**Application:** In this case, the demand notice was served at the Industrial Area Office, which

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Alloysmin…
- **Respondents:** Raman Casting…

## Timeline

- **2018-09-17 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), New Delhi, Bench III, passed…
- **2018-12-11 — Adjournment…**: The case was adjourned to give the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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