Notice in form 3 of i and b act 2018

Lawyer

1. A Notice Under FORM 3 ( Refer Clause (a) of sub-rule(1) of the rule 5) of the insolvency and Bankruptcy Code 2016 has been received from a Operational Debtor

Now we wish to send response to the aforesaid notice as there are a bonafide dispute with the Operational Debtor.

Kindly advise in which  FORM   of the insolvency and Bankruptcy Code 2016  we should make a reply to teh aforesaid notice

Shall appreciate if someone advise the procedure 

Best Regards

Uday Kumar

 
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There is no specific form for reply. It should be like any other reply of legal notice.
attach all the proof of payment etc.

Then operational will file application under section 9, you ll get notice from the tribunal, where you need to file your reply with all the proof supporting your contention.

Thanks
satyammishra181@gmail.com
 
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Advocate , Hyderabad

This may help others:

Form 3, Cleary Instructed how to reply.

No Such Form, But content and evidences are as given here in the Reply

 If you believe that the debt has been repaid before the receipt of this letter, please demonstrate such repayment by sending to us, within ten days of receipt of this letter, the following

: a. An attested copy of the record of electronic transfer of the unpaid amount from the bank account of the corporate debtor; or b. An attested copy of any record that [ name of the operational creditor ] has received the payment.

Section 8 (2) of Insolvency and Bankruptcy Code, 2016 : 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.

 

 

 
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