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2018 (4) TMI 1568

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..... ed in the prescribed Form (application form also contains relevant information) proposed an IRP and the application is complete in all respects and debt and default is established, therefore, it's a fit case to admit U/s 9 of I & B Code 2016, to declare moratorium and to appoint IRP as proposed. In view of the reasons mentioned above, we hereby admit this case by declaring moratorium u/s 14 of the Code - C.P. NO.1693/1B/NCLT/MAH/2017 - - - Dated:- 26-4-2018 - Shri B.S.V. Prakash Kumar, Member (Judicial) And Shri Ravikumar Duraisamy, Member (Technical) For the Petitioner : Mr. Dharmesh J Shah, i/b GMS Legal For the Respondent : Mr. Ajay Kumar, Practising Company Secretary Per: Ravikumar Duraisamy, Member (Technical) OR .....

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..... TOTAL 68,12,728.00 (5,00,000.0) 63,12,728.00 3.Operational Creditor has adjusted an Amount of . 5 lacs paid by the Corporate Debtor towards Invoice No 000568 dated 12/02/2013. Operational Creditor has submitted copies of 40 reminder letters sent/addressed to Corporate Debtor starting from 17/12/2013 till 24/08/2016. Since Corporate Debtor has not honoured its outstanding payment, Operational Creditor issued the demand notice on 12/09/2017. 4.Corporate Debtor vide its letter dated 19/9/2017 denied the claim of Operational Creditor on various grounds viz failed to supply required material, submitted invoices which do not pertain to Corporate Debtor, bills en .....

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..... e letter Corporate Debtor has denied as not received any such material from Operational Creditor. 8.Upon perusal of the documents, materials submitted by Operational Creditor, we are satisfied that Corporate Debtor has failed to make payment towards supply of material/goods made by Operational Creditor, application has been filed in the prescribed Form (application form also contains relevant information) proposed an IRP and the application is complete in all respects and debt and default is established, therefore, it's a fit case to admit U/s 9 of I B Code 2016, to declare moratorium and to appoint IRP as proposed. 9.In view of the reasons mentioned above, we hereby admit this case by declaring moratorium u/s 14 of the Code wit .....

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