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2019 (2) TMI 600

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..... s also admitted by the Corporate Debtor. The application made by the Petitioner is complete in all respects as required by law and it clearly shows that the operational debt has not been paid as also confirmed by the Corporate Debtor. It is worth to mention that the Corporate Debtor had never attended the hearing. In totality of the facts and circumstances mentioned supra, we are of the view that the impugned Petition requires ‘Admission’. The Corporate Debtor having named the Interim Resolution Professional with his consent, there being no disciplinary proceedings against, this Bench hereby admits this petition filed under Section 9 of IBC, 2016, declaring moratorium with consequential directions - CP 1605/I&BP/NCLT/MAH/2017 - - - D .....

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..... rious tax invoices. As a result, the Operational creditor issued the following tax invoices upon the Corporate debtor:- Sr No. Tax Invoice date Invoice No. Amount (in Rs) Amount payable (in Rs.) 1. 23rd January, 2015 MEPL/1634 6,32,347.00 2,80,570.00 2. 14th February, 2015 MEPL/1915 8,59,230.00 8,59,230.00 3. 18th February, 2015 MEPL/1968 6,95,324.00 6,95,324.00 4. .....

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..... AD on 4th July, 2017 and the same was received by the Corporate debtor on 07.07.2017. The India Post track consignment copy is annexed with the Petition (page No. 65). The Petitioner has submitted on Affidavit dated 29th August, 2017 that since the statutory period of 10 days from the date of receipt of the Demand Notice has expired, it is prayed that the Tribunal may proceed with the Petition. The Petitioner has also annexed with the Petition the bank certificate stating there is no payment made towards the unpaid amount by the Corporate debtor and also the bank statement from 1.4.2015 to 20.04.2015. 4. When a Section 9 Petition is filed before this Tribunal, we have to admit the application if the application is complete in all respect .....

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..... consent, there being no disciplinary proceedings against, this Bench hereby admits this petition filed under Section 9 of IBC, 2016, declaring moratorium with consequential directions as mentioned below: I. That this Bench hereby prohibits 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 pr .....

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