Supreme Court of India
Visa Coke Limited v. M/s Mesco Kalinga Steel Limited
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What the Court ordered
We are of the view that the issue relating to the date of default by the Corporate Debtor and novation of contract, if any, being a mixed question of law and fact, requiring detailed analysis based on the materials adduced by the parties, is to be decided by the NCLT at the time of final disposal of the section 9 petition, on merits.
Judgment, page 25
From the headnote
Issue for Consideration Issue arose whether the notice served by the appellant-Operational Creditor upon the Key Managerial Personnel-KMP of the respondent-Corporate Debtor at their registered office constitutes valid service of the statutory demand notice u/s.8 of the Insolvency and Bankruptcy Code, 2016, so as to maintain a petition u/s.9 for initiation of CIRP against the respondent-Corporate Debtor. Headnotes† Insolvency and Bankruptcy Code, 2016 – ss.8 and 9 – Insolvency resolution by operational creditor – Demand notice to corporate debtor – Valid service of statutory demand notice –
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