9911796707
TMI Blog2019 (5) TMI 1295X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 9 (3) of the Code. The petitioner has also filed a copy of the bank statement from 26. 06. 2018 onwards. The petitioner, therefore, has complied with the requirement of Section (c) of Section 9 (3) of the Code. The petitioner being the operational creditor is not obliged to propose the name of the Resolution Professional to be appointed as the Interim Resolution Professional by this Tribunal. Therefore, the Tribunal has to proceed in terms of clause (a) of Section 16 (3) of the Code in case the petition is admitted - all the requirement of Clause (i) of Section 9 (5) of the Code stand fulfilled. The petition is admitted under Section 9 of the Code. - CP (IB) No.246/Chd/Hry/2018 - - - Dated:- 25-1-2019 - MR R.P. NAGRATH , MEMBER (JUDICIAL) AND MR. PRADEEP R. SETHI , MEMBER (TECHNICAL) For The Petitioner : Mr. Pradeep Nauharia , Advocate For The Respondent : None Judgment (Oral) This petition has been filed by Touchlife Pharma Private Limited, a company incorporated under the Companies Act, 1956, under Section 9 of the Insolvency Bankruptcy Code, 2016 (for shor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate debtor is the same as mentioned in both these documents. 4.The facts of the case, briefly stated, are that the petitioneroperational creditor is engaged in the business of selling medicines, Surgicals, Implants etc.and supplying the same to the respondentcorporate debtor which were duly delivered.The respondent was supplied goods by the petitioner as per the details mentioned in Annexure 4 from 31.12.2014 to 13.05.2015 and the copies of the invoices of the goods delivered are from pages 21 to 46.It is also submitted that the adjustment of various credit notes was also made in the account of respondent being maintained by the petitioner from time to time, the details of which are mentioned in Annexure 4. 5.It is further stated that the corporate debtor had made part payments, the entries of which were made in the running account of corporate debtor being maintained by the petitioner and as on 23.12.2014 there was outstanding amount of ₹3,42,834.20 and by giving deductions towards the credit note on 19.09.2015 to the tune of ₹27,321.11, the outstanding amount as on 23.12.2014 was ₹3,15,513.09 and thereafter certain more supplies were made to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he affidavit shows that at the time when delivery was attempted, the addressee has moved and the final report dated 18.09.2018 is, item not delivered as unclaimed. Along with this affidavit, the petitioner has also filed a copy of the email dated 19.09.2018, by which the copy of notice was also sent.It is stated that the email was delivered and it did not bounce back. The learned counsel for the petitioner has also handed over the original envelope containing the notice and the copy of the petition, which has been received back by the petitioner with the report purported to be made by the postal employee that the item was not accepted on the ground that it pertains to Gurugram .The learned counsel for the petitioner refers to the master data of the respondent company at page 19 of the paper book showing the registered office of the company which is the one, at which the notice was sent.The e-mail was also sent at the e-mail address of the corporate debtor available on the master data of the corporate debtor. The learned counsel for the petitioner also refers to the previous order dated 30.08.2018 in which it was observed that the advance c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14.Section 9 (3) of the Code reads as under:- The operational creditor shall, along with the application furnish- ( a) a copy of the invoice demanding payment or demand notice delivered by the operational creditor to the corporate debtor; ( b) an affidavit to the effect that there is no notice given by the corporate debtor relating to a dispute of the unpaid operational debt; ( c) a copy of the certificate from the financial institutions maintaining accounts of the operational creditor confirming that there is no payment of an unpaid operational debt by the corporate debtor, if available; ( d) a copy of any record with information utility confirming that there is no payment of an unpaid operational debt by the corporate debtor, if available; and ( e) any other proof confirming that there is no payment of an unpaid operational debt by the corporate debtor or such other information, as may be prescribed. 15.The petitioner has filed the copies of the invoices demanding payment from the respondent in respect of the delivery of goods supplied by the petitioner, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
