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TMI Blog2019 (10) TMI 894X X X X Extracts X X X X X X X X Extracts X X X X ..... I B Code, 2016 is complete. The existing operational debt of more than rupees one lakh is due and payable against the corporate debtor and its default is also proved - Application admitted - moratorium declared. - C.P. (IB) No. 2399/NCLT/MB/2019 - - - Dated:- 9-10-2019 - Mr V. P. Singh, Member (Judicial) And Mr Rajesh Sharma, Member (Technical) For The Applicant : CA Pragya Navandar For The Respondent : Adv. Vishal Jaju ORDER 1. This is an Application being CP 2399(IB)/MB/2019 filed by Eatigo India Private Limited, the Operational Creditor /Applicant, under section 9 of Insolvency Bankruptcy Code, 2016 (I B Code) against Liquid Glass Hospitality LLP, Corpora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nly). After that, the Applicant issued Demand Notice to the Corporate Debtor under Section 8 of the I B Code demanding payment of outstanding amount of ₹6,36,167/- (Rupees Six Lakh Thirty-Six Thousand One Hundred and Sixty Seven Only). Copy of the Legal Notice and Demand Notice are annexed to the Application. 5. The Corporate Debtor replied to the Demand Notice vide its letter dated 20.03.2018 and contended therein that the Applicant has not provided the copy of Agreement dated 21.05.2018 to the Corporate Debtor, and therefore the Corporate Debtor could not know on what basis the computation of the amount of ₹6,36,167/-, claimed in Demand Notice, is calculated by the Applicant. The Corporate Debtor further stated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso established. 9. Under Section 5(6) of the I B Code, the word dispute is defined as: dispute includes a suit or arbitration proceedings relating to ( a) the existence of the amount of debt; ( b) the quality of goods or service; or ( c) the breach of a representation or warranty; Therefore, the contention of Corporate Debtor that Applicant has not provided the copy of Agreement does not amount to dispute. Further, in the case of Mobilox Innovtions Private Limited Versus Kirusa Software Private Limited , the Hon ble Supreme Court of India observed that: What is important is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12. The Application is filed within limitation as the date of last payment made by the Corporate Debtor is 23.10.2018. Copy of the Ledger Statement of Corporate Debtor maintained by the Applicant reflecting payment of ₹1,00,000/- on 23.10.2018 is annexed to the Application. 13. The Applicant has not proposed the name of an insolvency resolution professional to act as Interim Resolution Professional and to carry out the functions as mentioned under I B Code, 2016. 14. The Application under sub-section (2) of Section 9 of I B Code, 2016 is complete. The existing operational debt of more than rupees one lakh is due and payable against the corporate debtor and its default is also proved. Accordingly, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corporate debtor. II. That the supply of essential goods or services to the corporate debtor, if continuing, shall not be terminated or suspended or interrupted during the moratorium period. III. That the provisions of sub-section (1) of Section 14 of I B Code shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. IV. That the order of moratorium shall have effect from the date of this order till the completion of the corporate insolvency resolution process or until this Bench approves the resolution plan under sub-section (1) of section 31 of I B Code or passes an order for the liquidation of the corporate debtor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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