Advocate / Authorised Person - Notice

Notice issued through Advocate or by a person other than an Advocate – Authorisation

IBC, Section 8(1) - Notice issued through Advocate or by a person other than an Advocate – Authorisation - In case of a person other than an Advocate, the Board Resolution would be required but in the event of a demand notice being issued by an Advocate duly instructed by his client (Operational Creditor), there is no need of requirement of authority being backed by the Board Resolution - Once Advocate was duly instructed to issue the demand notice, there was no room for holding that the notice delivered by the Advocate was not a notice delivered by an authorized person.

2021 SCeJ 068 (NCLAT)