9911796707
TMI Blog2019 (12) TMI 1296X X X X Extracts X X X X X X X X Extracts X X X X ..... y this application - The present application is not barred by limitation as the date of deault is 28.07.2017 as per part IV of Form 5 and application is filed on 28.09.2019. The applicant has filed an affidavit in compliance of Section 9(3)(b) stating no notice of dispute was raised from CD by the applicant. The applicant has attached the copy of bank statement in compliance with the requirement of Section 9(3)(c) of the IBC 2016. 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 - Moratorium declared. - Company Petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10062 as reflected in master data of the MCA website. The authorised capital of the CD is ₹ 5,00,000/- and paid up capital of the CD is 5,00,000/- 4.It is stated that the Corporate Debtor approached the Operational Creditor of material for roofing etc. for Carpet Expo Mart, B.I.D.A City, Bhadohi, Uttar Pradesh and accordingly, issued a Purchase No. 37 dated 18th October, 2016. Pursuant to the said purchase the applicant supplied the materials as mentioned in the said site and the invoices for the same were raised, by the applicant. 5. The applicant states that as per work done, various invoices for total of ₹ 1,66,57,721,95/- ( Rupees One Crore Sixty Six Lakh Fifty Seven Thousand Seven Hundred Twenty One and paise Ninety ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said notice, by the Corporate Debtor. 8. The demand notice was sent at registered address returned with remark 'not found but the envelope served at site address at Bhadohi (U.P.) was duly delivered. The track report for the same is annexed. The Corporate Debtor was also served with notice u/s. 8 on its email address as registered with MCA website. The copy of same is annexed which is stated as delivered and read. 9. Despite the service of the demand notice in terms of the Insolvency Bankruptcy Code, 2016, the Corporate Debtor has neither replied to the Demand Notice nor has made any payment of the said outstanding amount of to the Operational Creditor. Hence, the Operational Creditor filed the present application. 10. The C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icant 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. 17. The Operational Creditor has not proposed the name of any Interim Resolution Professional. In view of the same, this Bench appoints Mr. Pradeep Upadhyay IP Registratiion NO. IBBl/lPA-001/lP-P-01415/20182019/12233 having email address [email protected] Mobile No. 9811130194 as the IRP of the Corporate Debtor. The IRP is directed to take all such steps as are required under the statute, more specifically in terms of Sections 15,17,18,20 and 21 of the Code. 18. We direct the Operational Creditor to deposit a sum of & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roperty by an owner or successor where such property is occupied by or in the possession of the corporate debtor. However, during the pendency of the moratorium period in terms of Section 14(2) and 14(3) the following is allowed as extracted hereunder: (2) The supply of essential goods or services to the corporate debtor as may be specified shall not be terminated or suspended or interrupted during moratorium 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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