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TMI Blog2018 (6) TMI 1703X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Applicant, the corporate Debtor failed to clear the dues. Petition is admitted - moratorium declared. - CP (IB) NO.52/BB/2017 - - - Dated:- 14-6-2018 - Rajeswara Rao Vittanala, Judicial Member And Dr. Ashok Kumar Mishra, Technical Member For the Respondent : Kumar Bhat, Advs. ORDER DR. ASHOK KUMAR MISHRA, TECHNICAL MEMBER. 1. Heard on.21.7.2017, 1.8.2017, 10.8.2017, 4.9.2017, 18.9.2017, 4.10.2017, 24.10.2017, 13.11.2017, 30.11.2017, 18.12.2017, 19.1.2018, 31.1.2018, 12.2.2018, 6.3.2018, 20.3.2018, 27.3.2018, 10.4.2018, 26.4.2018, 7.6.2018, 14.6.2018 2. This Company Petition is filed by operational creditor namely Randstand India Private Limited has filed this Petition stating that the Corporate De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Agreement, Addendum 1 and Addendum 2 is marked as Document 1, 2, 3 respectively. 5. The Operational creditor has stated that they had raised invoices from time to time for the services they rendered to the corporate debtor. However, the corporate debtor failed to honour the invoices on time and the payments towards the same were delayed by the corporate debtor. 6. The Operational Creditor stated that they had vide e-mail dated 28th October, 2015 provided the Corporate Debtor with the list of all the pending invoices and informed the corporate debtor that there was an overdue payment of ₹ 82.15 lakhs. The Operational creditor has further stated that Corporate Debtor has made part payment of ₹ 42,16,364/- to the Operational ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he operational creditors and any such employees recruited as outsource employees and indulged themselves in any kind of misappropriation of funds, misconduct and misbehaviour and mismanagement leading to disputes or any unsettled matter shall be resolved by the operational creditor as they are sole responsible for appointment and discontinue of services of their outsource employees. 11. The corporate debtor stated that the recruited staffs by the operational creditor were not done proper ground check and mis-guided after unearthing the staffs provided from corporate debtor found that most of the staffs were related to corporate debtor's existing staffs whom corporate debtors could not provide company role due to internal company poli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d illegal act of the outsource employee of the operational creditor has been communicated to the operational creditor to take initiative against such person. But, without taking any action against such outsource employee, the operational creditor has filed this false petition by claiming false claim, which is totally disputed by the corporate debtor. 14. The Corporate Debtor submits that the operational creditor has filed this false petition by claiming false claim, which is totally disputed by the corporate debtor. The Corporate debtor further stated the operational creditor without resolving the issue regarding the mismanagement and misappropriation of the funds of the corporate debtor. 15. The Corporate Debtor further submits that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orporate debtor under any act or law such as replying to the notice under Section 80 of Code of Civil Procedure, 1908 or an action under Section 59 of the Sale of Goods Act, 1930 or an action regarding the quality of goods provided by an operational creditor. The dispute should be genuine dispute and not on that was raised with mala fides to stall the insolvency resolution process . 18. The Operational Creditor has named Ms. Medha Kulkarni, Registration No. IBBI/IPA-001/IP-P00121/2017-2018/10263, Residing at D-301, Admirality Square, 13 cross, 6th Main, Indiranagar, Bangalore-560038, Email: [email protected] as Interim Resolution Professional and the said Interim Resolution Professional in her letter has expressed her willingness for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... June, 2018 till the completion of the corporate insolvency resolution process or until this Bench approves the resolution plan under sub-section (1) of section 31 or passes an order for liquidation of corporate debtor under Section 33, whichever is earlier. v. That the public announcement of the corporate insolvency resolution process shall be made immediately as specified under section 13 of the code. vi. That this Bench hereby appoints Ms. Medha Kulkarni, Registration No. IBBI/IPA-001/IP-P00121/2017-2018/10263, residing at D-301, Admirality Square, 13 cross, 6th Main, Indiranagar, Bangalore-560038, E-mail: [email protected] as Interim Resolution Professional to carry the functions as mentioned under the Insolvency Bankruptcy Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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