9911796707
TMI Blog2019 (10) TMI 801X X X X Extracts X X X X X X X X Extracts X X X X ..... nt International Private Limited (for brevity 'Applicant') through Mr. Sandeep Mahajan, Ld. Chartered Accountant who is duly authorized vide Board resolution dated 17.07.2018 with a prayer to initiate the Corporate Insolvency process against M/s Callina Care Overseas Private Limited (for brevity 'The Company'). 2. The Applicant, the Operational Creditor namely M/s Jaswant International Private Limited is a company incorporated on 26.12.1994 under the provisions of Companies Act, 1956 having CIN No. U74899DL1994PTC063791. 3. The company is having its registered office at 11/5B, First Floor, Pusa Road, New Delhi- 110005. 4. The Respondent, the Corporate Debtor namely M/s Callina Care Overseas Private Limited is a company incorporated on 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 763/- which includes a principal amount of Rs. 25,86,982/- on account of unpaid supplies and interest charged @18% p.a on unpaid bills from the date of default till the date of filing demand notice amounting to Rs. 14,54,781/. 11. Inspite of various requests made and reminders sent to the Corporate Debtor by the Applicant, the Company has neither paid nor responded to the applicant. 12. Since no payment was forthcoming hence a notice under Section 8 of the Insolvency and Bankruptcy Code was issued on 29.05.2018 to the Corporate Debtor. The Corporate Debtor, through an undated letter delivered to the Operational Creditor on 30.06.2018 brought to notice a dispute regarding quality aspects of material supplied, for the very first time, the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consequence of the application being admitted in terms of Section 9(5) of IBC, 2016 moratorium as envisaged under the provisions of Section 14(1) and as extracted hereunder shall follow in relation to the Corporate Debtor prohibiting all of the following: 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
