Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Demand Notice u/s 8 of IBC Sent to Wrong Address Invalidates Insolvency Petition: NCLT
The National Company Law Tribunal (NCLT) has invalidated an insolvency petition, ruling that the Section 8 demand notice under the Insolvency and Bankruptcy Code (IBC) was sent to an incorrect address. This decision stresses the critical importance of strict compliance with procedural requirements in insolvency proceedings. The NCLT emphasized that proper service of the demand notice to the correct registered address of the corporate debtor is a prerequisite for initiating the Corporate Insolvency Resolution Process (CIRP). This ruling ensures that corporate debtors are afforded due process and are properly notified of any insolvency claims against them.