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TMI Blog2019 (1) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... nal creditor had recommended name of Interim Resolution Professional (IRP) with his consent however the consent was withdrawn subsequently and no new name is recommended by the Operational Creditor. The present case is fit for Admission under the Insolvency and Bankruptcy Code, 2016. - CP 1367/I&BP/NCLT/MAH/2017 - - - Dated:- 1-1-2019 - Shri V.P. Singh, Member (Judicial) And Shri Ravikumar Duraisamy, Member (Technical) For The Petitioner : Mr. Praveen Tiwari, Practicing Company Secretary i/b S. Srinivasan And Co. For The Respondent : None Present ORDER Per V.P. Singh, Member (Judicial) 1. It is a Company Petition filed u/s 9 of Insolvency Bankruptcy Code, 2016 ( IBC ) by Dalmia Cement (Bharat) Ltd. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence exchanged between both the parties regarding the outstanding amount. The Corporate Debtor vide its e-mail dated 15.03.2013 has informed that it is sending a cheque for ₹15,00,000/- to the petitioner. The petitioner has sought from the Corporate Debtor confirmation of account vide its e-mail dated 26.11.2013, 27.11.2013. The Petitioner vide e-mail dated 11.01.2017 referred to the ongoing discussions with the Corporate Debtor and offered to withdraw the winding up notice on payment of ₹10,50,000/- as full and final settlement of the account. The petitioner in its e-mail dated 23.06.2017 has mentioned the assurances from the Corporate Debtor regarding early settlement of the due amount and has sought the payment of ₹11,2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. The Petitioner further states that no notice of dispute has been issued by the Respondent either before or after issuance of statutory demand notice. No proceedings have been initiated by the Respondent against the Applicant/Petitioner to date. It further states that the Corporation Bank maintaining its account has provided their certificate dated 31.07.2017 stating that there is no payment made towards the unpaid amount by the Corporate Debtor. The bank certificate is attached to the Petition. 7. The Petitioner has submitted the authority letter passed by the Board of Directors of the Dalmia Cement (Bharat) Ltd to initiate Corporate Insolvency Resolution Process against the Corporate Debtor and to appoint Mr S. Srinivasan, who is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e initiation of this case in September 2017. Neither is any Vakalatnama filed nor has any one appeared to represent before this Tribunal, on various dates when the petition was listed for hearing before this Tribunal, for the Corporate Debtor from the initiation of this case in September 2017. 11. It is also pertinent to note that a xerox copy of the cheque for amount of ₹7,27,965/- was sent/issued but till date original cheque was not handed to the operational creditor for realization. 12. Therefore, there is a clear default on the part of the Corporate Debtor in payment of outstanding amount to the petitioner, and there was no existing dispute regarding the same. 13. The operational creditor had recommended name of Interim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he supply of essential goods or services to the corporate debtor, if continuing, shall not be terminated or suspended or interrupted during moratorium period. b. That the provisions of sub-section (1) of Section 14 of IBC shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. c. That the order of moratorium shall have effect from 01.01.2019 till the completion of the corporate insolvency resolution process or until this Bench approves the resolution plan under sub-section (1) of section 31 of IBC or passes an order for liquidation of corporate debtor under section 33 of IBC, as the case may be. d. That the public announcement of the corporate insolvency ..... X X X X Extracts X X X X X X X X Extracts X X X X
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