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TMI Blog2019 (6) TMI 1352X X X X Extracts X X X X X X X X Extracts X X X X ..... urnished the proof to believe that debt and default are in existence, for their being no dispute from the Corporate Debtor side against the claim made by the Operational Creditor, this Bench, having satisfied with the proof filed by the Operational Creditor in compliance with the provisions of Sections 8 and 9 of the I BC, 2016 admits the instant Company Petition 1243/IB/2018 filed under Section 9 of the I BC. Since the Operational Creditor has not recommended the name of Interim Resolution Professional (IRP), we appoint Mr.S. Sivarama Krishnan as IRP from the list provided by the IBBI Panel. The IRP is directed to take charge of the Respondent/Corporate Debtor management immediately. The IRP is also directed to cause public announcement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registered office at GKS Annexe, 20 Pycrofts Garden Road, Chennai-600006. The Corporate Debtor Company was incorporated on 29.09.2015 under the Companies Act, 1956 with its registered office at No.85, G1, Ground Floor, Strawberry Homes, South Mada Street, Villivakkam, Chennai-600049. 4. The learned counsel for Operational Creditor stated that they had let out the construction materials / steel centering and scaffolding materials for a sum of ₹ 15,71,653 (Rupees Fifteen Lakhs Seventy One Thousand Six Hundred and Fifty Three only) together with interest at 24 per cent till the date of realisation to the Corporate Debtor for which invoices were raised from 31.12.2016 to 09.07.2018. The default occurred on 08.01.2017. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not filed any written statement denying the liability. The Corporate Debtor has remained absent and there was no representation on behalf of the Corporate Debtor on 22.02.2019 when the orders were reserved. 8. On perusal of material documents placed before this Bench, it is clear that the invoices are reflecting supply of materials and also demand for payments towards the materials supplied to the Corporate Debtor herein. Since the Operational Creditor furnished the proof to believe that debt and default are in existence, for their being no dispute from the Corporate Debtor side against the claim made by the Operational Creditor, this Bench, having satisfied with the proof filed by the Operational Creditor in compliance with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n under the Securitization and Reconstruction or Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (iv) the recovery of any property by a owner or lessor where such property is occupied by or in the possession of the Corporate Debtors; 11. The supply of essential goods or services of the Corporate Debtors shall not be terminated or suspended or interrupted during the moratorium period. The provisions of sub-section (1) of Section 14 shall not apply to such transactions, as notified by the Central Government; 12. The IRP so appointed shall comply with the provisions of Sections 13(2), 15, 17 18 of the Code. The Directors, Promoters or any other person associated wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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