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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 ..... ) read with Section 434 of Companies Act 1956 before the Hon 'ble Delhi High Court on 29th July, 2016. This Matter was received on transfer from Hon'ble High Court of Delhi pursuant to notification no. G.S.R. 1119 (E) & S.O 3676(E) dated 7th December, 2016 issued by Ministry Of Corporate Affairs, Govt. of India. The petitioner has filed compliance affidavit in terms of the above notification. 2. Respondent Company is a private limited Company (CIN: U74899DL1991PLC046351) incorporated on 11th November, 1991 with authorised capital of Rs. 6,00,00,000/- and paid-up capital of Rs. 5,53,40,500/- and is engaged in the business of material handling and mineral processing, cat ring to industries like cement, Power, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adpur, New Delhi 5,50,000/- 062048 20.04.2016 Oriental Bank of Commerce, Express Tower, Azadpur, New Delhi 5,50,000/- 062049 30.04.2016 Oriental Bank of Commerce, Express Tower, Azadpur, New Delhi 5,65,000/- 5. Hence, the operational creditor has filed the present application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as a Code). 6. The compliance affidavit under Section 9(iii) (c) of the Code states that the operational creditor has dispatched the copy of the petition, along with statement of account from 11.04.2011 to 21.05.2016( Annexed in A-5) to the corporate debtor on 1.5.2017 through speed post at its registered office which was duly served and delivered to the corporate de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inted by this Tribunal as per Section 16(iii) of the Code. 9. Having heard the learned Counsel and after perusing the paper book and affidavit with his able assistance? we are of the view that all the necessary requirements contemplated by Section 9 of the Code stands complied with. The Operational Creditor has disclosed the relevant data by placing on record the evidence by way of invoices, copy of ledger account and Evidence regarding issue and service of notice of default under Section 8 has also been filed along with compliance affidavit. In View of the above, we are satisfied that the operational creditor meets with the prescription of Section 9 of the Code and the Rules framed thereunder. 10. As a sequel to the above dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same may be specified by the Insolvency Professional. It shall also not apply to transactions which might have been notified by the Central Government in consultation financial sector regulator. (iv) This order of moratorium shall have effect from the date of this order till the completion of the Corporate Insolvency Resolution Process. (v) The Insolvency Professional shall perform all his duties in terms Of Section 15, 17, 18, 20 & 21 of the Code. (vi) All the personnel connected with the Corporate Debtor, its promoters or any other person associated with the Management of the Corporate Debtor are under legal obligation under Section 19 of the Code to extend all assistance and cooperation to the Interim Resolution Profes ..... X X X X Extracts X X X X X X X X Extracts X X X X
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