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TMI Blog2019 (10) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... tablish that there exists debt as well as occurrence of default - the Application filed by the Applicant is complete in all respects. Thus, it is a fit case to initiate Insolvency Resolution Process by admitting the Application under Section 9(5)(1) of the Code - petition admitted - moratorium declared. - CP (IB) NO. 217/9/NCLT/AHM/2018 - - - Dated:- 19-6-2019 - MR. HARIHAR PRAKASH CHATURVEDI MEMBER (J) AND MS. MANORAMA KUMARI, MEMBER (J) For The Applicant : Advocate Mr. Adityasinh Parmar for the Applicant ORDER Per : Ms. Manorama Kumari, Member.( Judicial) 1. That, the instant application is filed by Ms. Anjana Dhanpatraj Mehta, under Section 9 of the I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. The applicant submitted that, the corporate debtor failed to pay licence fee regularly and, as on 15.12.2017, an amount of ₹ 16,49,600/- (Rupees sixteen lacs forty-nine thousand six hundred only) became due and payable on the part of the corporate debtor to the operational creditor. That, the debt fell due from 16.04.2016 to 15.01.2017. That, ledger account of the amount payable by the corporate debtor to the operational creditor is annexed with the application marked as Annexure B . 5. The applicant has submitted copies of the following documents in support of the claim:- Sr. No. Particulars Annexure N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is found that, the notice issued through the Registry as well as by the petitioner is served upon the respondent. Therefore, the service of notice is complete. Since no representation is received from the side of the corporate debtor/respondent, the matter is heard in absence of the respondent. 9. While examining an application under Section 9 of the Act, will have to determine the following: - (i) Whether there is an operational debt as defined exceeding ₹ 1.00 lac (See Section 4 of the Act) (ii) Whether the documentary evidence furnished with the application shows that the aforesaid debt is due and payable and has not yet been paid and (iii) Whether there is existence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roposed the name of Ms. Anjali Choksi to act as Interim Insolvency Professional. This Adjudicating Authority hereby appoint Ms. Anjali Choksi, 4th Floor, Galaxy Line, Behind Samartheshwar Mahadev, Law Garden, Ahmedabad 380 009, ([email protected] ) having registration No. IBBI/IPA-001/IP-00820/2017-18/11382 to act as an interim resolution professional under Section 13(l)(c) of the Code. 14. Section 13 of the Code enjoins upon the Adjudicating Authority to exercise its discretion to pass an order to declare a moratorium for the purposes referred to in Section 14, to cause a public announcement of the initiation of corporate insolvency resolution and call for submission of claims as provided under Section 15 of the Code. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2002); (iv) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. 17. It is further directed that the supply of goods and essential services to the Corporate Debtor, if continuing, shall not be terminated or suspended or interrupted during moratorium period. The provisions of sub-section (1) shall, however, not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. 18. The order of moratorium shall have effect from the date of receipt of authenticated copy of this order till the completion of the corporate insolvency resolution process or until this B ..... X X X X Extracts X X X X X X X X Extracts X X X X
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