9911796707
TMI Blog2017 (11) TMI 1116X X X X Extracts X X X X X X X X Extracts X X X X ..... brought into force and more pertinently in relation to CIRP. Taking the above facts and circumstances of the case and as well as the precedents laid down by the Hon'ble NCLAT in relation to the issue of demand notice and furnishing of certificate from the banker, this Tribunal is not inclined to admit this Petition and in the circumstances the Petition is dismissed but without costs. - NO. IB-298/ND/2017 - - - Dated:- 17-10-2017 - MR. R. VARDHARAJAN, J For The Petitioners : Mr. Abhay Raj Verma, Advocate, Ms. Priyanka Ghosh, Advocate And Mr. Aman Dixit, Advocate ORDER An application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC, 2016) read with rule 6 of the Insolvency and Bankruptcy (Application to Adj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the 'Corporate Debtor' and the name of Managing Director is given as one Shri Biren Sabharwal as well as named Ms. Bubbles Sabharwal she being Director of the 'Corporate Debtor'. In relation to the proposed Interim Resolution Professional in case the Application is admitted has been left to the discretion of this Tribunal. 3. Proceeding onwards to the facts of the case the Operational Creditor represents itself to be engaged in the business of freight and forwarding, customs house clearance as well as providing multi-model transportation service through air, sea and surface. In furtherance of its business, it is represented that it was engaged by the 'Corporate Debtor' for freight forwarding service for transport ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xed as Annexure II-6 to the typed set of documents filed along with the application. In acceptance of the liability, it is stated by the 'Operational Creditor' that the 'Corporate Debtor' had issued 6 cheques commencing from 25.1.2016 and ending on 26.02.2016 and the amount of cheques aggregating in all to ₹ 76,87,659/-. However, when these cheques were presented in the month of April, 2016 all the aforesaid 6 cheques had been dishonoured and were returned with the remarks funds insufficient and in view of the dishonour of cheques, a criminal complaint has also been initiated before the appropriate Magistrate Court. In the above circumstances, it is averred by the Operational Creditor that a notice demanding payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fidavit. However, despite the service of the notice of the application none appeared for the 'Corporate Debtor'. 5. Be that as it may, perusal of the typed set of documents enclosed prima facie discloses that the notice of demand considered to be the basis for filing of this application has been issued by one M/s. Prima Carta Law Offices, having its office at D-114 (FF), Defence Colony, New Delhi-110024 on 11.04.2017 and the said notice of demand has been signed by one Mr. Abhay Raj Verma, Advocate claiming to have been authorized on behalf of the Corporate Debtor. However, perusal of the typed set of documents filed by the 'Operational Creditor' from pages No. 1 to 102 does not contain any authorization stated to have be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Petition is liable to be rejected in view of the Judgment rendered by Hon'ble NCLAT in the matter of Smart Timing Steel Ltd. v. National Steel Agro Industries Ltd. in Company Appeal (AT) (Insolvency) No. 28/2017. The statement of accounts as filed by the 'Operational Creditor' at page No. 30 as well as page No. 66 is also not complete in order to ascertain what are the amounts which were actually remitted by the 'Corporate Debtor' over a period time even though it is admitted that some payments were received shown by the Banker's Certificate as received from the 'Corporate Debtor' and the same does not match as no payment is shown to have been received in the statement of accounts. It is necessary to bear ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
