# In the matter of Mediatrix Advertising Pvt. Ltd. CP (IB)3043(MB)-2018

> NCLT judgment dated 2019-04-16. Citation: TCN-2019-NCLT-03830. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 16 Apr 2019
- **Citation:** TCN-2019-NCLT-03830
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mediatrix-advertising-pvt-ltd-cp-ib3043mb-2018-74e28a4c

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor, represented by counsel, has filed an affidavit of service indicating that notice has been served to the Corporate Debtor via email.

## Facts

Fork Media Pvt. Ltd. (Operational Creditor) initiated insolvency proceedings against Mediatrix Advertising Pvt. Ltd. (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor's counsel filed an affidavit confirming that the Corporate Debtor was served notice via email. Despite the service, the Corporate Debtor has not filed a reply or made any representation. The court considered the email service sufficient. The Corporate Debtor has been given seven days to file a reply, and the Operational Creditor has seven days to file a rejoinder after that. The case is listed for further hearing on 2019-06-21.

## Issues and analysis

### Issue 1: Whether the service of notice to the Corporate Debtor via email is sufficient under Section 9 of …

**Ratio:** The court has the discretion to determine the sufficiency of service based on the

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**Reasoning:** The court reasoned that the affidavit of service filed by the Operational Creditor's

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**Interpretation:** This interpretation suggests that email service can be considered a valid mode

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**Application:** In this case, the court applied the ratio by accepting the email service as

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## Parties

- **Judges:** V. P. S…; RavikumarDu…
- **Appellants:** Fork Media Pvt.…
- **Respondents:** Mediatrix…

## Timeline

- **2016-01-01 — Enactment…**: The Insolvency and…
- **2019-04-16 — Hearing…**: Hearing of Mumbai Bench of 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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