9911796707
TMI Blog2020 (3) TMI 703X X X X Extracts X X X X X X X X Extracts X X X X ..... ucted tax for the financial years 2013, 2014 and 2018 - The above said evidence led on the side of the financial creditor proves that the amount of ₹ 25,99,296.85 is due as claimed by the financial creditor and the corporate debtor does not dispute the liability and there is no challenge as to the confirmation of account relied upon by the financial creditor. Nothing shows that the claim is barred by limitation and being satisfied that there is no disciplinary proceedings pending against the proposed resolution professional. The application filed under section 7 of the Code is otherwise complete and it is liable to be admitted. Application admitted - moratorium declared. - CP (IB) NO 1369/KB/2018 - - - Dated:- 9-8-2019 - Jinan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ime but failed to pay balance outstanding despite demand, therefore, filed this application for initiating corporate insolvency resolution process. 4. The applicant has proposed the name of Shri Hrishkesh Dasgupta having Registration No.IBBI/IPA-003/IP-N00082/2017-2018/10705 e-mail id [email protected] as the IRP and further contends that since the corporate debtor defaulted in repaying of the loan amount, this application is liable to be allowed. 5. The respondent entered appearance and filed reply affidavit but not disputed its liability to pay the loan amount. It contends that it will pay back the amount found due if the market does well. Corporate debtor has challenged the legal entity of the name of the financial creditor but not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irmation account admitted by the corporate debtor as Annexure G. It shows that balance outstanding as on 1-4-2016 is ₹ 25,99,296.85. 9. According to the Ld. Counsel for the financial creditor the loan sanction letter also issued to the corporate debtor on 23-11-2013 and to prove that produced Annexure F, to prove that the debt due to the financial creditor. The information utility certificate not at all produced however, produced statement of bank account. So also produced the Form 26AS of corporate debtor to show that TDS has been deducted which shows that the corporate debtor has deducted tax for the financial years 2013, 2014 and 2018. 10. The above said evidence led on the side of the financial creditor proves that the amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; (b) Transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; (c) Any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (d) The recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the approval of the CoC as fees and expenses as per Regulation 33(2) of IBBI (Insolvency Resolution Process for Corporate Persons) Regulation, 2016. xii. The Resolution Professional shall conduct CIRP in time bound manner as per Regulation 40A of IBBI (Insolvency Resolution Process for Corporate Persons) Regulation, 2016. xiii. Registry is hereby directed under section 7(7) of the IB. Code, 2016 to communicate the order to the Financial Creditor, the Corporate Debtor and to the I.R.P. by Speed Post as well as through e-mail. 11. List the matter on 18-9-2019 for the filing of the progress report. 12. Certified copy of the order may be issued to all the concerned parties, if applied for, upon compliance with all requisite formal ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
