9911796707
TMI Blog2019 (8) TMI 1456X X X X Extracts X X X X X X X X Extracts X X X X ..... etition warrants admission. Petition admitted - moratorium declared. - C.P. IB NO. 1066 (PB) OF 2019 - - - Dated:- 22-8-2019 - Chief Justice M.M Kumar, President And Ms. Sumit Purkayastha, Technical Member Ms. Neha Rai, Adv. for the Petitioner. Vinod Kumar, Adv. for the Respondent. ORDER Chief Justice M.M. Kumar, The Petitioner claiming to be operational creditor has filed the instant Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for brevity 'the Code') read with rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity 'the Rules') with a prayer to trigger Corporate Insolvency Resolution P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. In Column 2 of Part-IV of the Application the Operational Creditor has mentioned the amount claimed in default and the date of the default. 6. In Part V of the Petition the Operational Creditor has mentioned the invoices, bank statements, emails and other related documents under which the operational debt has become due (Annexure P-6 P-7). 7. It s further submitted by the petitioner - operational creditor that it had served a demand notice dated 04.10.2018 under Section-8 of the Code on the respondent- corporate debtor. True Copies of the demand notice along with the proof of dispatch and delivery have been placed on record (Annexure P-4). It is further submitted that no reply was received by the respondent- corporate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings are pending against such an IRP named and disclosures as required under IBBI (insolvency Resolution Process for Corporate Persons) Regulations, 2016 are made within a period of 3 days from the date of this order. 11. We also declare moratorium in terms of Section 14 of the Code. It is made clear that the provisions of moratorium are not to apply to transactions which might be notified by the Central Government and a surety in a contract of guarantee to a corporate debtor. Additionally, the supply of essential goods or services to the Corporate Debtor as may be specified is not to be terminated or suspended or interrupted during the moratorium period. These would include supply of water, electricity and similar other suppli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te debtor to them. Many a times the rate of interest is alleged to be exorbitant and allegations are levelled that a penal interest compounded monthly has been charged. We have no mechanism of rectification of claims made. However, the RPs ordinarily have professionals experts at their disposal and in case the ex-management raises any such issue then the RP must get it settled in order to avoid any injustice to the corporate debtor. 16. The office is directed to communicate a copy of the order to the Operational Creditor, the Corporate Debtor and the Interim Resolution Professional at the earliest but not later than three days from today. A copy of this order be also sent to the ROC for updating the Master Data. ROC shall send co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
