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TMI Blog2017 (10) TMI 354X X X X Extracts X X X X X X X X Extracts X X X X ..... of Corporate Insolvency Resolution Professional. A moratorium would also come in operation. - CO.PET.NO. 662/2016 - - - Dated:- 6-7-2017 - Chief Justice M.M.Kumar Hon'ble President Ms. Deepa Krishan Hon'ble Member (T) Advocates: K.K Mukhija, Rakesh Mukhija, Pankaj Dabas,lra Gupta, Sunil Aggarwal Rita Yagnik. JUDGMENT/ORDER Ms. Deepa Krishan, Member (Technical) 1. The petitioner Sharda Rawat (hereinafter referred to as financial creditor ), had filed a petition for winding up against the respondent company under Section 439 read with section 443 of Companies Act 1956 and also read with Section 433(e) read with Section 434 of Companies Act 1956 before the Hon 'ble Delhi High Court on 29th July, 2016. Thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11.05.2013 7,77,534/- 1061 13.05.2013 4,46,202/- 1064 18.05.2013 5,25,743/- 1065 18.05.2013 5,39,228/- 1083 04.07.2013 10,04,392/- Total ₹ 32, 93, 099/- 4. It is further stated that towards these invoices a sum of ₹ 10, 77,534/- has already been paid to the petitioner. For the balance amount of ₹ 22, 15,565/- the cheques issued by the corporate debtor in favour of the petitioner were dishonoured on presentation. Details of the dishonoured an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n sent by the financial creditor as prescribed in form 3 of the said rules. An affidavit regarding service of the same has been filed on 12.6.2017 along with postal receipt and tracking report. It is further stated that despite expiry of the period of 10 days after delivery of demand notice, no response has been received from the corporate debtor regarding any payment having been made or any notice of existing dispute. 7. A copy of the statement of Bank Account / certificate from the financial institution maintaining accounts of the operational creditor, namely, State Bank of India, Naraina Industrial Estate has been filed (Annexure-I of the Compliance Affidavit) to show that there has been no payment of the unpaid operational debt. A co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lution Professional. (ii) In terms of Section 13 of the Code the Resolution Professional shall make public announcement concerning the initiation of the Corporate Insolvency Resolution Professional by making specific reference to this order immediately after his appointment. (iii) A moratorium would come in operation from today prohibiting all of the following acts namely: - (a) the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; (b) Transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or benefic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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