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TMI Blog2019 (10) TMI 1218X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 of the Code, deserves admission. Petition admitted - moratorium declared. - CP (IB) NO. 367/9/NCLT/AHM/2018 - - - Dated:- 14-6-2019 - MR HARIHAR PRAKASH CHATURVEDI MEMBER (J) AND MS. MANORAMA KUMARI, MEMBER (J) For The Petitioner : Sri Rasesh Parikh, Advocate For the Respondent : None ORDER Per : Harihar Prakash Chaturvedi, Member.(J) 1. The present Application is filed under Section 9 read with Rule 6 of the Insolvency and Bankruptcy (Application to the Adjudicating Authority) Code, 2016 (hereinafter referred to as I B Code ) by the Operational Creditor, viz., M/s. Pranay Dye Chem, through its Partner Mr.Prashant J. Lapasia, seeking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... als supplied to the Respondent/Corporate Debtor company as per the 'provisions of I B Code specifically in Part-IV of the application in the prescribed Proforma (under Rule-4 of the Insolvency Bankruptcy (Application to Adjudicating Authority) Rules, 2016 read with Section 9 of the Code, which are described as under; Part-IV Particulars of Operational Debt 1 Total amount of debt, details of transactions on account of which debt fell due, and the date from which such debt fell due. Total amount of debt: ₹ 15,78,862/- (Rupees Fifteen Lakhs Seventy EightThousand Eight Hundred Sixty Two only) Plus interest @24% pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t: ₹ 15,78,862/- (Rupees Fifteen Lakhs Seventy Eight Thousand Eight Hundred Sixty Two only) plus interest @ 24% per annum aggregating to ₹ 27,45,941/- (Rupees Twenty Seven Lakhs Forty Five Tousand Nine Hundred and Forty One only) as on 11th July, 2018 The above amount fell due on 11th July, 2015 as per terms and conditions of invoice which is accepted by the Respondent. 7. It is stated that after receiving the invoice, the respondent-corporate debtor company did not pay the amount. The petitioner made several requests to the corporate debtor to clear the dues. Hence, the operational creditor had issued Demand Notice in terms of Section 8 of the Insolvency and Bankruptcy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... service by way of paper publication was directed to be effected in respect of the Respondent- Corporate Debtor. Despite this paper publication, none appeared for the respondent. Hence, this Adjudicating Authority proceeded further to deal with the present petition as per merits for its admission or otherwise. 9. We have gone through the material of the case available on record and heard the oral submission advanced by the Learned Petitioner Counsel. 10. That apart, the petitioner/operational creditor has also submitted his written submission by contending as such; 4. On 10.06.2015, via email, Respondent placed order for purchase of Polyhol (40 drums) and TDI (20 Drums) to be delivered at Imper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orm No.4 was issued by the Petitioner as per the provisions of Insolvency and Bankruptcy Code, 2016 ('the Code' for the sake of brevity). The said form was served along with copy of invoice (amount for which has remain outstanding) on 24th May 2018. The said form was served via Registered Post A.D. upon Respondent company at its registered office which is evident by the acknowledgment slip as well as tracking report at Page 186 187. This clearly shows that Resondent company was receiving the post at the registered office. Such fact is enormous bearing on the present case as the notice issued pursuant to an order passed by this Court was not served upon the registered office of the Respondent. This clearly implies that Respondent h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Insolvency Professional from such panel in a case where no name of Insolvency Professional is proposed by the Operational Creditor. 14. Hence, this Adjudicating Authority hereby appoints Mr.Bhavan Trivedi, having Insolvency Professional Registration. No.IBBI/ IPA-001/IP-P00335/2017- 18/10605, (E-mail ID : bhavant@ yahoo.com, Mobile No.9824094617 as an Interim-Resolution-Professional subject to willingness of the I.R.P. and further confirmation received from the I.B.B.I. 15. This Adjudicating Authority hereby further order moratorium under Section 13(1) (a) of the IB Code prohibiting the following as referred to in Section 14 of the Code; (a) the institution of suits or continuation of pending su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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