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2018 (11) TMI 1771

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..... nce with the requirement of section 9(3)(c) of the IBC, 2016 - The registered office of the corporate debtor is situated in New Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. Thus, 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 fulfilment of requirements under section 9(5) of the Code. Hence, the present application is admitted. Application admitted - moratorium declared. - Company Petition No. IB-788/ND/2018. - - - Dated:- 14-11-2018 - Dr. Deepti Mukesh Judicial Member For the Applicant : Saurabh Seth ORDER DR. DEEPTI MUKESH (JUDICIAL MEMBER). - 1. T .....

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..... reference number 16C2500B-S0010 for piling work and other activities at the project site in Dahej, Gujarat. 8. The applicant has submitted that the aforesaid work order/agreement was duly executed to the satisfaction of the corporate debtor, and pursuant thereto various invoices were raised by the operational creditor, details of which are as follows : Date Invoice No. Amount (Rs.) 1-2-2017 RA-01 12,90,498 1-3-2017 RA-02 49,20,042 31-3-2017 RA-03 1,23,68,593 2-6-2017 RA-04 .....

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..... n to the corporate debtor since the corporate debtor has not appeared though section 8 notice and the present application duly served on the corporate debtor and proof of service along with service affidavit is filed by the applicant making the service complete. 15. The applicant has attached the copy of the bank statement of the HDFC Bank in compliance with the requirement of section 9(3)(c) of the IBC, 2016. 16. The registered office of the corporate debtor is situated in New Delhi and therefore this Tribunal has jurisdiction to entertain and try this appli- cation. 17. In the given facts and circumstances, the present application is complete and the applicant is entitled to claim its dues, establishing the default in payment of .....

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..... orium period. (3) The provisions of sub-section (1) shall not apply to- (a) such transaction as may be notified by the Central Government in consultation with any financial sector regulator. (b) a surety in contract of guarantee to a corporate debtor. (4) The order of moratorium shall have effect from the date of this order till the completion of the corporate insolvency resolution pro cess, provided that where at any time during the corporate insolvency resolution process period, if the Adjudicating Authority approves the resolution plan under sub-section (1) of section 31 or passes an order for liquidation of corporate debtor under section 33, the moratorium shall cease to have effect from the date of such approval or liquidat .....

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