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2019 (11) TMI 1210

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..... 9;Applicant') through its director Mr. Vinay Kumar Agarwal authorizing him to file present application vide Board resolution dated 12.06.2018, with a prayer to initiate the Corporate Insolvency process against M/s. Manju J Homes India Limited (for brevity 'Respondent'). 2. The Applicant, the Operational Creditor namely M/s. Gagan Ferrotech Limited is a company incorporated on 24.03.1993 under the provisions of Companies Act, 1956 with CIN No. U51109WB1993PLC058238, having its registered office at 113/1B, Chittaranjan Avenue, 7th Floor, Room No. 7C, Kolkata- 700073. 3. The Respondent, the Corporate Debtor namely M/s. Manju J Homes India Limited is a company incorporated on 15.06.2012 under the provisions of Companies Act, 1956 .....

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..... ix and Seventy- Eight paisa only) alongwith an interest @ 18% p.a., failing which the applicant shall initiate the Corporate Insolvency Resolution process against the Respondent. 8. As per the delivery status report, an attempt was made on 27.06.2018 to deliver the said notice to the Respondent at its registered address, but it remained unserved as the 'addressee moved'. Again, on the very date, an attempt was made to serve on the Respondent at its another address but the same remained "unclaimed". A demand notice demanding payment in respect of unpaid operational debt as required under Section 8 of IBC Code is duly served on the respondent on 27.06.2018 as evident from the service affidavit containing receipt of speed post and the .....

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..... facts and circumstances, the present application is complete and the Applicant is entitled to claim its dues, establishing the default in payment of the operational debt beyond doubt, and fulfillment of requirements under section 9(5) of the Code. Hence, the present application is admitted. 16. The Applicant has not proposed the name of any Interim Resolution Professional. In view of the same, this Bench appoints Mr. Harish Goyal having registration no. IBBI/IPA-001/IP-P-01459/2018-2019/12244 and email address [email protected] and contact number is 9810781799, as the IRP of the Respondent. The IRP is directed to take all such steps as are required under the statute, more specifically in terms of Sections 15,17,18,20 and 21 of the .....

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