NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI Comp. App. (AT) (Ins) No. 1325 of 2025 IN THE MATTER OF:

Indo Spirits …Appellant Versus Origin Appliances Pvt. Ltd. …Respondent Present:

For Appellant : Mr. Anand Shankar Jha, Abhilekh Tiwari, Sachin Mintri, Adv.

For Respondents : None

O R D E R

(Hybrid Mode)

03.11.2025 : This appeal has been filed against the order dated 06.06.2025 by which Section 9 application filed by the Appellant has been rejected on the ground that the Appellant has failed to prove service of Section

8 notice on the CD.

2. The proof of Section 8 notice was filed alongwith Section 9 application which was notice sent by post.

3. The Adjudicating Authority held that the said notice was never served. After conclusion of the hearing, an affidavit 03.04.2025 was filed by the Appellant where the Appellant claimed service of notice through email dated

13.01.2025.

4. The Adjudicating Authority held that the said email is an after thought and dismissed the application on the ground that Section 8 notice has not been served, hence, the application is not maintainable.

5. Ld. Counsel for the Appellant challenging the order submits that the service was effected by e