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TMI Blog2018 (9) TMI 943X X X X Extracts X X X X X X X X Extracts X X X X ..... as against the Respondent. Also matter of record that Operational Debt owed by Corporate Debtor is of more than One lakh Rupees. The Corporate Debtor failed to file any reply or raise any dispute within ten days from the date of receipt of Demand Notice, as mandated under section 8 (2)(a) of the Code. There is no evidence of existence of dispute between Operational Creditor and Corporate debtor regarding outstanding debt. Petitioner, in this case, has complied with section 9 (3) (b) and 9(3)(c), and affidavit to the effect that there is no notice given by the corporate debtor relating to dispute has been filed. As the petitioner fulfils the required criterion for invoking CIRP under Section 9 of the Code, thus petition is liable to be admit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that Mr Mitin Amritlal Jain, Proprietor of M/s. Butterfly Appliances, has been authorised to apply on behalf of Operational Creditor. (ii) The Operational Creditors has stated that the goods/ raw material worth ₹ 23,42,032/- were sold and delivered to the Corporate Debtor, against the various invoices/margin bills of different dates. Copies of all purchase invoices/margin bills have been annexed and marked as Annexure-F with the application. (iii) Applicant further stated that they received a total payment of ₹ 7,00,000/- thus leaving an outstanding balance of ₹ 16,42,032/- and after that applicant asked the corporate debtor number of times, but corporate debtor failed to clear outstanding dues. Therefore, they issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplementary Affidavit). (d) Petitioner has also annexed copy of cheque made in favour of the applicant by the respondent alongwith the cheque return memo, showing non-payment of outstanding debt (Copy of Cheque and the cheque return memo is annexed as Annexure H). 4. Heard the argument of the Ld. Counsel for the Operational Creditor and perused the record available. 5. It is matter of record this Tribunal by the direction of the Hon'ble NCLAT in the matter of ICICI v. Innoventive Industries Ltd. by its order dated 17.05.2018 notice was issued on the Corporate Debtor. Applicant has filed affidavit of service along with track report which shows that notice was delivered to the Respondent. But in spite of sufficient service of notice, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o dispute has been filed. As the petitioner fulfils the required criterion for invoking CIRP under Section 9 of the Code, thus petition is liable to be admitted. 11. The Operational Creditor had not received the outstanding Debt from the Corporate Debtor, and the requirements as prescribed under I&B Code have been completed by the Petitioner. Thus we are of the view that this Petition deserves 'Admission'. ORDER Petition filed by petitioner U/S. 9 of the I&B Code is admitted. The Operational Creditor /Applicant has not proposed name of any Interim Resolution Professional(IRP) in the application. Therefore, Mr. Rajiv Chopra, Reg. No-IBBI/IPA-001/IP-P00151/2017-18/10315 [email protected] is appointed as IRP. Given the above we de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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