The appeal was filed against an order dated 07.07.2020 by which the Adjudicating Authority admitted a Section 9 application filed by the Operational Creditor. The appellant raised the submission that a Section 8 notice was not issued before filing the Section 9 application. A two-member bench referred two questions to a larger bench, which were answered on 21.02.2023, holding that no notice under Section 8(1) was necessary for filing a Section 9 application in the present case. Prior to filing the Section 9 application, a Company Petition was filed before the Hon'ble High Court of Orissa, which was later transferred to NCLT, Cuttack.
Rajeev Srivastva, the appellant, filed an appeal against Ahluwalia Contracts (India) Ltd. & Ors., the respondents, regarding an order by the Adjudicating Authority admitting a Section 9 application filed by the Operational Creditor. The appellant contended that no Section 8 notice was issued before filing the Section 9 application. The appellant also argued that there was no default of debt, as payment was contingent upon the start of work, referencing a letter dated 07.08.2013 and a reply dated 13.08.2013. The respondent argued that the corporate debtor's only defense in the Section 9 application was the lack of a Section 8 notice. Prior to the Section 9 application, a Company Petition was filed before the High Court of Orissa and subsequently transferred to NCLT,
…Sign in to view the parties.
The Adjudicating Authority admitted Section…
A two-member bench referred two questions to…
The appeal was filed against an order dated 07.07.2020 by which the Adjudicating Authority admitted a Section 9 application filed by the Operational Creditor. The appellant raised the submission that a Section 8 notice was not issued before filing the Section 9 application. A two-member bench referred two questions to a larger bench, which were answered on 21.02.2023, holding that no notice under Section 8(1) was necessary for filing a Section 9 application in the present case. Prior to filing the Section 9 application, a Company Petition was filed before the Hon'ble High Court of Orissa, which was later transferred to NCLT, Cuttack.
Rajeev Srivastva, the appellant, filed an appeal against Ahluwalia Contracts (India) Ltd. & Ors., the respondents, regarding an order by the Adjudicating Authority admitting a Section 9 application filed by the Operational Creditor. The appellant contended that no Section 8 notice was issued before filing the Section 9 application. The appellant also argued that there was no default of debt, as payment was contingent upon the start of work, referencing a letter dated 07.08.2013 and a reply dated 13.08.2013. The respondent argued that the corporate debtor's only defense in the Section 9 application was the lack of a Section 8 notice. Prior to the Section 9 application, a Company Petition was filed before the High Court of Orissa and subsequently transferred to NCLT,
…The Adjudicating Authority admitted Section…
A two-member bench referred two questions to…