IBC 8 — Insolvency resolution by operational creditor

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  An  operational  creditor  may,  on  the occurrence  of  a  default,  deliver  a  demand  notice  of  unpaid  operational  debtor  copy  of  an  invoice demanding  payment  of  the  amount  involved  in  the  default  to  the  corporate  debtor  in  such  form  and manner as may be prescribed.
(2) The corporate debtor shall, within a period of ten days of the receipt of the demand notice or copy of the invoice mentioned in sub-section (1) bring to the notice of the operational creditor—
(a)  existence  of  a  dispute,

[if  any,  or] record  of  the  pendency  of  the  suit  or  arbitration proceedings filed before the receipt of such notice or invoice in relation to such dispute;
(b) the

[payment] of unpaid operational debt—
(i) by sending an attested copy of the record of electronic transfer of the unpaid amount from the bank account of the corporate debtor; or (ii) by sending an attested copy of record that the operational creditor has encashed a cheque issued by the corporate debtor.
Explanation.—For  the  purposes  of  this  section,  a “demand  notice” means  a  notice  served  by  an operational  creditor  to  the  corporate  debtor  demanding

[payment] of  the  operational  debt  in  respect  of which the default has occurred.

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