The case originates from the National Company Law Tribunal, Jaipur, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. Dakota Chemicals India Pvt. Ltd., the applicant/petitioner, filed a petition against Mark Splendour Nonwovens Pvt. Ltd., the respondent. The order was delivered on October 26, 2018. The petitioner's counsel represented that a notice under Section 8 of the IBC had been served to the Corporate Debtor, but an affidavit under section 9(3)(b) had not been filed.
Dakota Chemicals India Pvt. Ltd. filed a petition against Mark Splendour Nonwovens Pvt. Ltd. under Section 9 of the IBC, 2016. The petitioner claimed to have served a notice under Section 8 of the IBC to the Corporate Debtor. However, the petitioner failed to file an affidavit under section 9(3)(b), which is required to demonstrate compliance with the procedural requirements of the IBC. The court noted this deficiency and directed the petitioner to file the affidavit with specific details regarding the dispatch and service of the Section 8 notice, as well as the expiration date of the response period. The relevance of these facts lies in establishing whether the operational creditor (Dakota Chemicals) followed the correct procedure before initiating the insolvency
…Sign in to view the parties.
The order was delivered…
The matter was…
The case originates from the National Company Law Tribunal, Jaipur, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. Dakota Chemicals India Pvt. Ltd., the applicant/petitioner, filed a petition against Mark Splendour Nonwovens Pvt. Ltd., the respondent. The order was delivered on October 26, 2018. The petitioner's counsel represented that a notice under Section 8 of the IBC had been served to the Corporate Debtor, but an affidavit under section 9(3)(b) had not been filed.
Dakota Chemicals India Pvt. Ltd. filed a petition against Mark Splendour Nonwovens Pvt. Ltd. under Section 9 of the IBC, 2016. The petitioner claimed to have served a notice under Section 8 of the IBC to the Corporate Debtor. However, the petitioner failed to file an affidavit under section 9(3)(b), which is required to demonstrate compliance with the procedural requirements of the IBC. The court noted this deficiency and directed the petitioner to file the affidavit with specific details regarding the dispatch and service of the Section 8 notice, as well as the expiration date of the response period. The relevance of these facts lies in establishing whether the operational creditor (Dakota Chemicals) followed the correct procedure before initiating the insolvency
…The order was delivered…
The matter was…