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Judgment
O R D E R
Heard learned counsel for the Appellant. This Appeal has been filed against order dated 16.03.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Special Bench, Court-1 on the application filed by the Operational Creditor under Section 9. The Adjudicating Authority by the impugned order has admitted the same. The Suspended Director of the Corporate Debtor aggrieved by the order has come up in this Appeal.
Learned counsel for the Appellant has raised two submissions. Firstly, he submitted that Applicant has been described in the Memo of Appeal differently than in the Petition, therefore the application/petition was not maintainable. It is submitted that the applicant is a proprietorship firm but in in the order (pages 21 and 22) they have been differently described.
We have perused the order dated 16.03.2022. In the aforementioned order dated 16.03.2022 in the array of parties, the Applicant has been mentioned as ‘M/s Jugal Hansal Brothers through authorized signatory’. We don not find any such error in the description which can render entire proceeding as vitiated.
Learned counsel for the Appellant submits that notice under Section 8, which was issued by the Operational Creditor was not in the prescribed format, hence, the application filed on basis of such notice is not maintainable.
We have perused notice dated 09.11.2019 at page 68 of the Appeal paper book. Subject of the notice mentions ‘Demand Notice under Section 8 of Insolvency & Bankruptcy Code, 2016. Further, in Para 2 of the notice following details are mentioned:
| Sr. No. | Invoice No. | Amount | Date |
| 1. | SAC/18 | 1,23,19,200/- | 30/11/2017 |
| Total amount due and remaining. | |||
| In words: Rupees Nineteen Lacs Fifty Five Thousand Three Hundred and Forty Two Only. | Rs.19,55,342/- | ||
The Invoice Number and amount having clearly mentioned and other details being also stated in the notice, we do not find that the notice suffers from any error. Notice being not in format cannot vitiate entire case of the Operational Creditor, details of amount having being mentioned in it.
We do not find any merit in any of the submissions of the Appellant. The Appeal is dismissed.