Analysis of NCLAT Judgment in Alloysmin Industries vs. Raman Casting Private Limited

Demand notice under Section 8 (1) of IBC is served on Corporate Debtor either on its Registered Office or its Corporate Office, it should be treated to be valid service of notice under Section 8.

The Appellate Adjudicating Authority hold that the Adjudicating Authority erred in rejecting the application under Section 9 on wrong presumption that demand notice is to be served on the Registered Office of the Corporate Debtor and not on Corporate Office. If the demand notice under Section 8 (1) is served on Corporate Debtor either on its Registered Office or its Corporate Office, it should be treated to be valid service of notice under Section 8 and application under Section 9 on failure of payment, if filed after 10 days, is maintainable.

Judgement link : https://nclat.nic.in/Useradmin/upload/13500362635c458c2fe526a.pdf