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TMI Blog2019 (2) TMI 1831X X X X Extracts X X X X X X X X Extracts X X X X ..... itiating Insolvency Resolution Process against the respondent-corporate debtor. The application has been filed in Form 5 as prescribed in Rule 6(1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity the 'Rules'). The petitioner has filed the application through Mr. Archit Jain, authorized representative of the company in whose favour the petitioner-operational creditor has passed the Resolution dated 17.11.2017, Annexure A-3, for initiating the Insolvency Resolution Process against the respondent-corporate debtor. Mr. Archit Jain, has been authorized to file the petition, sign, verify the pleadings and to do all the necessary acts in the progress of the case. There is also an affidavit of Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Silverton Paper Ltd. Versus M/s BBF Home Care Ltd. and Another. The decree was passed by the Civil Court on 23.01.2016, copy of which is at Annexure A-6, for recovery of an amount of Rs.10,44,888/- with costs. The interest has also been granted by the Civil Court @ 6% per annum in case the decretal amount is not paid within two months. 5. The learned counsel for the petitioner submits that the petitioner has also filed copy of the ledger account of the respondent being maintained by the petitioner, but it is not required to be discussed as the amount in default is claimed on the basis of decree of Civil Court. 6. The petitioner sent a demand notice dated 14.05.2018, Annexure A-11 (Colly) under Section 8 of the Code in Forms 3 and 4, claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the respondent on 15.10.2018 and copy of e-mail dated 21.10.2018, by which the notice along with copy of the paper book was sent. It is stated in the affidavit that the postal article containing the notice has been returned with the report, purportedly made by the Postal Employee that the premise is lying closed. It is also stated that copy of the notice was sent at the e-mail address of the respondent-corporate debtor, as available on the master data of the respondent-corporate debtor, which has not bounced back. Learned counsel for the petitioner submits that the address of the respondent corporate debtor on the postal envelope containing the notice was mentioned as per the address mentioned in the master data of the respondent-corpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me cause of action. 13. The learned counsel for the petitioner however, submits that in the reply filed to the earlier petition, the respondent did raise a plea that the Civil Court decree was being challenged. The learned counsel for the petitioner further submits that an application has also been filed before the Civil Court for setting-aside the ex-parte decree, but no stay of the decree has been granted by the Civil Court. 14. We have perused the application in Form 5, which is complete in all respects. The petitioner-operational creditor has filed this petition in prescribed form after expiry of 10 days of service of demand notice and thereby, complying with the requirement of sub-sections (1) and (2) of Section 9 of the Code. The pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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