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TMI Blog2019 (4) TMI 1357X X X X Extracts X X X X X X X X Extracts X X X X ..... e debtor under section 9(3)(b) of the IBC, 2016 - As on date, a total sum of ₹ 3,39,750/- along with 18% interest is due from the Corporate Debtor. The debt occurred on account of services provided by the operational creditor under the Brokerage Agreement. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application - The default occurred from 09.08.2018, hence the debt is not time barred and the application is filed within the period of limitation. The present application is complete and the Applicant is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, establishing the default in payment of the operational debt b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... loor, Kashmiri Block Street No. 6, Jain Nagar Tiranthak Nagar, Karala New Delhi-110082 5. The Applicant has stated that during the course of business, Adharshila Country Homes Private Limited, the Corporate Debtor entered into a Brokerage Agreement dated 09.08.2017 with the operational creditor in order to expand its reach in the filed of real estate and to earn revenue. It was submitted by the applicant that as per clause 5.1 of the Brokerage Agreement, it was clearly mentioned that the profit earned by the corporate debtor from the leads shall be shared on 50% ratio and the corporate debtor shall give a minimum ₹ 3,60,000/- per annum for the services rendered by the operational creditor. 6. That durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he registered office of corporate debtor which was duly served on 03.11.2018 as per track report filed by the applicant. 10. The Corporate Debtor has neither submitted a reply to the aforesaid notice till date nor made any payment towards the outstanding dues. 11. The applicant filed present Application under section 9 of IBC, 2016 and served the copy of this application which is duly received by the Corporate Debtor as per the affidavit of service filed by the applicant. 12. The Applicant has filed an affidavit affirming that in respect of the amount claimed or any part thereof, the Applicant has not received nor had any person, on its behalf had received in any manner the amount due to them ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P-P00341/2017-18/10642, (emailcasanjaysahni@ gmail.com), duly registered with Insolvency and Bankruptcy Board of India, as the Interim Resolution Professional subject to the condition that no disciplinary proceedings are pending against such an IRP named who may act as an IRP in relation to the CIRP of the Corporate Debtor and specific consent to be filed in Form 2 of Insolvency and Bankruptcy Board of India (Application to Adjudicating Authority) Rule, 2016 in relation to specifically the Corporate Debtor and the Applicant herein and make disclosures as required under IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 within a period of one week from the date of this order. 19. As a consequence of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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