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TMI Blog2018 (8) TMI 590X X X X Extracts X X X X X X X X Extracts X X X X ..... written communication in Form 2 by the Interim Resolution Professional is also annexed to the Application Annexure ‘4’ declaring that no disciplinary proceedings are pending against him. The Application is in proper form with all the requisite Annexures. As stated above, there is no proof of any pending dispute regarding the claim amount and no payment has been made by the Corporate Debtor till date. The Bank Certificate issued by the Punjab National Bank certifying that no payment has been received from the Corporate Debtor and the bank statements provided proves that no payment has been made by the Corporate Debtor against the goods received by it. Thus the Operational Creditor has complied with all other formalities to maintain this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he goods were supplied as per the terms agreed thereto and accordingly Chalan cum invoices were raised by the Operational Creditor at the agreed rates. The goods were accepted by the Corporate Debtor without any protest. However, the Corporate Debtor failed to make any due payment to the Operational Creditor as contended by the Operational Creditor in its Application. 3. No payment has been made till date by the Corporate Debtor in spite of repeated reminders by the Operational Creditor and also a credit of ₹ 8,118/- was given to the Corporate Debtor on an assurance that it will be repaid shortly. As on February, 2015 the amount due was ₹ 4,55,907/- was reduced to ₹ 4,47,789/- after giving the above credit to the Corpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statutory period of ten days under Section 8(2)(b) of the I B Code which gave the right to the Operational Creditor to file this present Application under Section 9 of the I B Code. The compliances required under Section 9(5)(i) for admitting the Application have been fulfilled by the Operational Creditor. The written communication in Form 2 by the Interim Resolution Professional is also annexed to the Application Annexure 4 declaring that no disciplinary proceedings are pending against him. The Application is in proper form with all the requisite Annexures. As stated above, there is no proof of any pending dispute regarding the claim amount and no payment has been made by the Corporate Debtor till date. The Bank Certificate issued by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng: (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 beneficial interest therein; (c) Any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (d) The recovery of any property by an owner or lessor where such property is oc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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