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TMI Blog2018 (9) TMI 480X X X X Extracts X X X X X X X X Extracts X X X X ..... - which is above 1 lakh. The default occurred on 22.11.2016, hence the debt is not time barred and the application is filed within the period of limitation. The registered office of the Corporate Debtor is situated at Delhi and is within the territorial jurisdiction of this Tribunal. In the circumstances mentioned above Corporate Debtor despite repeated service has not appeared before this Tribunal and existence of a default of debt due to the Applicant is established. The Tribunal is of the considered view that this application requires to be admitted and that CIRP process is required to be initiated against the Corporate Debtor. - IB-492(ND)/2018 - - - Dated:- 1-6-2018 - DR. DEEPTI MUKESH, MEMBER (JUDICIAL) For The Applicant : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rious emails and telephone call to supply alloy steel blocks at its plant/site situated at No. 14, Sector-8, IMT Manasar, Gurgaon, Haryana-122051. Pursuant to said orders, the Applicant supplied 18,292 kg of alloy steel blocks between 03.09.2015 to 20.10.2016 and raised four invoices of ₹ 2,61,934/-, ₹ 2,68,138/, ₹ 12,79,338/-, and ₹ 18,81,732/- against the said orders, totaling to the amount of ₹ 36,91,142/- 6. It is further stated that the Corporate Debtor had made part payment of ₹ 5,05,280/- vide Cheque No. 000749 dated 17.10.2016 which is duly received by the Applicant, out the total amount of ₹ 36,91,142/-, leaving balance of ₹ 31,85,862/- as unpaid. 7. It is the case of the Applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equest to the Indian Bank number of times but the Bank has not issued the certificate as necessitated under the Code. The bank has filed the certified copy of the bank statement and requested this Tribunal to dispense with the requirement of Section 9(3)(c), relying on the order dated 15.12.2017 passed by Hon ble Supreme Court in the matter of Macquarie Bank Limited v. Shilpi Cable Technologies Ltd. 12. As per the records the applicant has attempted to serve the copy of the application on the Corporate Debtor on 23.05.2018 in compliance of the order dated 15.05.2018 as dasti but the acceptance of the application was refused by the staff/security personnel of the Corporate Debtor and also refused to give anything in writing. An affidavit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (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; (d) the recovery of any property by an owner or lessor where such property is occupied by or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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