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TMI Blog2020 (2) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... Dr. Deepti Mukesh, Judicial Member And Hemant Kumar Sarangi, Technical Member Alok Kumar Kuchhal, Adv. for the Applicant. ORDER Dr. Deepti Mukesh, The Present Application is filed under section 9 of Insolvency and Bankruptcy Code, 2016 (for brevity 'IBC, 2016') read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity 'the Rules') by M/S Indiacorp Law, through its proprietor Mr. Alok Kumar Kuchhal (for brevity 'Applicant') with a prayer to initiate the Corporate Insolvency process against Paadm International Hotels Private Limited (for brevity 'Corporate Debtor'). 2. The Applicant is an advocate running proprietary firm M/S India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sional fees. 6. The Applicant issued demand notice dated 02.02.2019 under the provisions of Section 8 of the Insolvency and Bankruptcy Code, 2016 in Form 3 as prescribed under in the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 to the Corporate Debtor demanding total debt due of ₹ 1,75,000/-. The said notice was sent by Speed Post at the registered address of the corporate debtor as reflected in the master data, which was duly delivered on the corporate debtor as per the tracking report. The Corporate Debtor has neither raised any dispute to the aforesaid notice nor made any payment towards the outstanding dues. 7. The Applicant filed present Application on 12.03.2019 under section 9 of IBC, 2016 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has to be served through posts. All that a landlord can do to comply with this provision is to post a prepaid registered letter (acknowledgement due or otherwise) containing the tenant's correct address. Once he does this and the letter is delivered to the post office, he has no control over it. It is then presumed to have been delivered to the addressee under s. 27 of the General Clauses Act. Under the rules of the post office, the letter is to be delivered to the addressee or a person authorised by him. Such a person may either accept the letter or decline to accept it. In either case, there is no difficulty, for the acceptance or refusal can be treated as a service on, and receipt by, the addressee. ** ** ** ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, or is received by, the tenant.' Hence in the present case, the service of the application can be considered as complete. 9. The Corporate Debtor has neither filed any reply nor appeared before the bench. 10. As claimed by the applicant as on date, the Corporate Debtor is liable to pay a sum of ₹ 1,75,000/- (Rupees One Lakh Seventy-Five Thousand Only), as per Part IV of Form 5. 11. The Applicant has filed an affidavit under section 9(3)(b) dated 12.03.2019 affirming that no notice of dispute has been given by the Corporate debtor relating to dispute of the unpaid operational debt. 12. The Applicant further states that none appeared on behalf of the corporate debtor nor any reply is filed and the corporate debtor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ency Resolution Process for Corporate Persons) Regulations, 2016 within a period of one week from the date of this order. 17. We direct the Operational Creditor to deposit a sum of ₹ 1 lac with the Interim Resolution Professional, namely Ms. Rashmi Agarwalla to meet out the expense to perform the functions assigned to him in accordance with regulation 6 of Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Person) Regulations, 2016. The needful shall be done within one week from the date of receipt of this order by the Operational Creditor. The amount however be subject to adjustment by the Committee of Creditors, as accounted for by Interim Resolution Professional, and shall be paid back to the O ..... X X X X Extracts X X X X X X X X Extracts X X X X
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