# In the matter of Pawar Electro Systems Pvt. Ltd. CP (IB) 396-(MB)-2018

> NCLT judgment dated 2019-04-08. Citation: TCN-2019-NCLT-04088. The case pertains to CP.(IB) 3966/(MB)/2018 before the Mumbai Bench of the National Company Law…

- **Court:** NCLT
- **Order date:** 8 Apr 2019
- **Citation:** TCN-2019-NCLT-04088
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/pawar-electro-systems-pvt-ltd-cp-ib-396-mb-2018-041c6ea3

## Summary

### Background

The case pertains to CP.(IB) 3966/(MB)/2018 before the Mumbai Bench of the National Company Law Tribunal (NCLT). The matter involves Reliance Commercial Finance Ltd as the applicant and Pawar Electro Systems Pvt Ltd as the respondent. The case is related to Section 7 of the Insolvency & Bankruptcy Code, 2016.

## Facts

The Financial Creditor, Reliance Commercial Finance Ltd, filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 against the Corporate Debtor, Pawar Electro Systems Pvt Ltd. The notice sent to the Corporate Debtor was returned by the postal department with the remark 'LEFT', indicating that the Corporate Debtor could not be located at the given address. The Financial Creditor's counsel has filed an affidavit of service. The court has directed the petitioner to serve notice on the alternate address of the Corporate Debtor and file an affidavit of service within seven days.

## Issues and analysis

### Issue 1: Whether the service of notice to the …

**Ratio:** Proper service of notice is a prerequisite for initiating proceedings against a corporate

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**Reasoning:** The court observed that the notice sent to the Corporate Debtor was returned with the

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**Interpretation:** The interpretation of the law requires that the Corporate Debtor must be given

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**Application:** In this case, since the notice was returned undelivered, the court determined

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## Parties

- **Judges:** V. P. S…; RavikumarDu…
- **Appellants:** Reliance Commercia…
- **Respondents:** Pawar Electro…

## Timeline

- **2019-04-08 — Hearing…**: Hearing of Mumbai Bench of the…
- **2019-05-10 — Next Listin…**: Case listed for further…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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