| Subject | Insolvency and Bankruptcy Code, 2016 |
| Case | Rajnish Gupta vs Union Bank of India |
| Tribunal | NCLAT, New Delhi |
| Spirit of the Case | Validity of service of notice to e-mail address as per Corporate Debtor’s master data. |
Summary :
Notice of service, served on the Corporate Debtor is valid, if the same is sent to registered e-mail address appearing in company’s master data.
Facts of the case :
- 1. The Corporate Debtor extended guarantee in favour of the loans taken by two principal borrowers. The principal defaulters committed default, hence an application under Section 7 was initiated by the Financial creditor as the FC is clearly a financial creditor having legally recoverable financial debt.
2. The Adjudicating Authority is of view that, the application is complete in all aspects and the FC is entitled to claim outstanding financial debts from the Corporate Debtor. Accordingly, the Adjudicating Authority admitted the petition.
3. Despite service, none appeared on behalf of the Corporate Debtor. Therefore, CD was proceeded ex- parte by the Adjudicating Authority.
4. It was submitted by the Appellant that the e-mail ID on which the service was done is the personal mail-id of the director and due to inter-se disputes he failed to inform the same.
5. Learned counsel for respondent submitted that ‘service’ made was by way of an e- mail which is the registered email of the company on the company master data.
6. Hence the Appellant preferred the present appeal.
Conclusion :
It was held by Hon’ble NCLAT that the Respondent had served on the registered Email ID appearing on the Company Master Data. Hence the NCLAT is of considered view that the service by Email on the registered Email ID and also on the Email ID of the Appellant was held sufficient in the eyes of law.