9911796707
TMI Blog2018 (9) TMI 1773X X X X Extracts X X X X X X X X Extracts X X X X ..... cate. Mr. Rajendra Kumar Saxena, Appellant in person. ORDER All the time whenever notice was issued on Respondent it returned unserved by the Postal Department in absence of the Respondent - M/s Earth Gracia Buildcon Private Limited. After taking number of times attempts to serve notice and as the Respondents office remained close, the Appellant was allowed to publish notice in two national news ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal) Principal Bench, New Delhi for initiation of Corporate Insolvency Resolution Process against M/s Earth Gracia Buildcon Private Limited (Corporate Debtor). The Adjudicating Authority by impugned order dated 5th March, 2018 passed in Company Petition No. (IB)-448(PB)/2017 dismissed the application on the ground that disbursement made by the Appellant do not come within the meaning of financial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... GH-12A-1, Sector-1, Greater Noida, U.P.). The Appellant has also placed on record the receipts given by the Respondent which indicates that the project is situated at Greater Noida. Receipts were issued between 16.04.2013 and 24.03.2014. The allotment letter from Earth Gracia Buildcon Pvt. Ltd. shows that a residential unit/apartment in the proposed Group Housing Complex known as Earth Gracia has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... project have been treated as Financial Creditors. 7. The present case is covered by the decision of this Appellate Tribunal in Nikhil Mehta & Sons Vs. AMR Infrastructure Ltd., as also in view of Section 5(8)(f) as amended since 6th June, 2018. Even if it is considered that the amendment of Act came into force after filing of application, the case of the Appellant being covered by decision of this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellant is allowed. The Adjudicating Authority will now admit Company Petition No. (IB)-448(PB)/2017, pass order of moratorium and Company Appeal (AT) (Insolvency) No. 187 of 2018 appoint the Interim Resolution Professional as proposed by the Appellant if there is no enquiry pending against him. The Corporate Insolvency Resolution Process be initiated immediately against the Respondent- M/s Eart ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
