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TMI Blog2019 (9) TMI 1383X X X X Extracts X X X X X X X X Extracts X X X X ..... he said Debt; hence this Petition deserves Admission‟ - Further this Bench has also perused the Form 2 i.e. written consent of the proposed Interim Resolution Professional submitted along with this application/petition by the Operational Creditor and there is nothing on record which proves that any disciplinary action is pending against the said proposed Interim Resolution Professional. Hence, after perusal of the provisions of the Code as well as facts and circumstances of this case along with the evidences placed on record by the Petitioner, it is hereby held that this Petition/Application is Admitted. The Petition is hereby Admitted - The commencement of the Corporate Insolvency Resolution Process shall be effective from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und Bars . It has also been informed that the debt amount was confirmed by the debtor as per the statement of account for the period 1st April 2016 to 31st March 2017. Brief History of the case: 3. This case was listed in the past and the Petitioner has informed that a Reply has been filed from the side of the Corporate Debtor, however, on number of occasions remained absent in the Court. Reply of the Respondent is carefully perused. In the impugned Reply mainly the provisions of Civil Procedure Code has been relied upon. However, there is no evidence of existence of dispute at the time when the Petition was field. On receiving the Reply a Rejoinder has been filed by the Petitioner vehemently objecting the arguments raised and again anne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... solvency Professional. The IRP proposed by the Financial Creditor viz., Mr. Bhaskar Gopal Shetty, Address : C- 77,Shanti Shopping Centre, Mira Road East, Maharashtra-401107, having registration No. IBBI/IPA-001/IPA-001/IP-P-01285/2018-19/12003is hereby appointed as Interim Resolution Professional to conduct the Insolvency Resolution Process. 7. Having admitted the Petition/Application, the provisions of Moratorium as prescribed under Section 14 of the Code shall be operative henceforth with effect from the date of order by prohibiting institution of any Suit before a Court of Law, transferring/encumbering any of the assets of the Debtor etc. However, the supply of essential goods or services to the Corporate Debtor shall not be termina ..... X X X X Extracts X X X X X X X X Extracts X X X X
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