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Section 8: Insolvency resolution by operational creditor.

The Insolvency and Bankruptcy Code, 2016.Central Act · Act 31 of 2016

(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.

Where this provision sits

ActThe Insolvency and Bankruptcy Code, 2016.
Section8
Marginal noteInsolvency resolution by operational creditor.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it37

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 26 of 2018. Subs. by Act 26 of 2018, s. 5, for "if any, and" (w.e.f. 6-6-2018).
  • substituted. Subs. by s. 5, ibid for "repayment" (w.e.f. 6-6-2018)

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