Central · Act 31 of 2016

Section 8 — Insolvency resolution by operational creditor.

The Insolvency and Bankruptcy Code, 2016.

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(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, 1 [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 2 [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 2[payment] of the operational debt in respect of which the default has occurred.

Source footnotes

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

2 Subs. by s. 5, ibid for "repayment" (w.e.f. 6-6-2018)

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Next · Section 9Application for initiation of corporate insolvency resolution process by operational creditor. →All sections / सभी धाराएँThe Insolvency and Bankruptcy Code, 2016. →
More sections of this actSection 1 · Short title, extent and commencement.Section 2 · Application.Section 3 · Definitions.Section 4 · Application of this Part.Section 5 · Definitions.Section 6 · Persons who may initiate corporate insolvency resolution process.Section 7 · Initiation of corporate insolvency resolution process by financial creditor.Section 9 · Application for initiation of corporate insolvency resolution process by operational creditor.
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India Code, Government of India. Text fetched 09 Oct 2026. Source metadata reports last modification: 2024-07-25. Check the linked official text and subsequent notifications when applying a provision.

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