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TMI Blog2019 (12) TMI 565X X X X Extracts X X X X X X X X Extracts X X X X ..... of CIRP against the Corporate Debtor. Petition admitted - moratorium declared. - CP(IB) NO. 3517/MB/C-IV/2018 - - - Dated:- 16-10-2019 - Rajasekhar v.k., judicial member And Ravikumar Duraisamy, Technical Member Krishna Baruah, Adv. for the Appellant. Sumit Yadav, Adv. for the Respondent. ORDER Rajasekhar V.K., This is a Company Petition filed under section 9 of the Insolvency Bankruptcy Code, 2016 (IBC) by M/s. Mahalakshmi Trading Corporation ( the Operational Creditor ), a partnership firm represented by its Partner, Sandeep V Agrawal seeking to initiate Corporate Insolvency Resolution Process (CIRP) against En Power Solutions Private Limited ( the Corporate Debtor ). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d at the rate of 24% per annum. (c) Bank statements are also attached as Exhibit 'TV' at pages 116-170. (d) The total debt due and payable to the Operational Creditor is ₹ 3,17,76,262.00 (Rupees three crore seventeen lakh seventy-six thousand two hundred and sixty-two only) inclusive of interest, as mentioned at pages 3-4 of the Petition. 5. The Operational Creditor had served a Demand Notice in Form 3 dated 01.06.2018 to the Corporate Debtor (Exhibit 'I', pp. 14-24) in terms of section 8 of the IBC. The Corporate Debtor has not replied to the Demand Notice. 6. The Corporate Debtor has not submitted any reply in the matter. However, Mr. Sumit Yadav, Learned Counsel appeared for the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Interim Resolution Professional of the Corporate Debtor. He has filed his written communication in Form 2 as required under rule 9(1) of the Insolvency Bankruptcy (Application to Adjudicating Authority) Rules, 2016 along with a copy of his Certificate of Registration. 12. It is, accordingly, hereby ordered as follows:- (a) The petition bearing CP(IB) No.3517/MB-IV/2018 filed by M/s. Mahalakshmi Trading Corporation, the Operational Creditor, under section 9 of the IBC read with rule 4(1) of the Insolvency Bankruptcy (Application to Adjudicating Authority) Rules, 2016 for initiating Corporate Insolvency Resolution Process (CIRP) against En Power Solutions Private Limited [CIN: U40100MH2010PTC208971], the Corporate Deb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IRP or until this Adjudicating Authority approves the resolution plan under sub-section (1) of section 31 of the IBC or passes an order for liquidation of Corporate Debtor under section 33 of the IBC, as the case may be. (e) Public announcement of the CIRP shall be made immediately as specified under section 13 of the IBC read with regulation 6 of the Insolvency Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016. (f) Mr. Amit Chandrashekhar Poddar, Registration No.IBBI/IPA-001/IP-P00449/2017-18/10792, having address at 'AKSHAT,' No.7, Vijay Nagar, Katol Road, Near Durga Mata Mandir, Opp NCC Office, Nagpur, 440 013 [email: [email protected], Mobile: 9422118000], ..... X X X X Extracts X X X X X X X X Extracts X X X X
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