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2019 (1) TMI 1833

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..... mplete in all respect. The petitioner/financial creditor having fulfilled all the requirements of Section 7 of the Code, the instant petition deserves to be admitted - Petition admitted - moratorium declared. - C.P. No.(IB) 238/7/NCLT/AHM/2018 - - - Dated:- 24-1-2019 - Hon'ble Mr. Harihar Prakash Chaturvedi, Member AND Hon'ble Ms. Manorama Kumari, Member, JJ. For the Appellant : Advocate Mr. Monaal Davawala For the Respondent : Advocate Ms. Natasha Shah ORDER [Per: Ms. Manorama Kumari, Member (Judicial) 1. M/S. Pani Logistics, through authorised signatory, filed this petition under section 7 of The Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the Code ) read with Rule 4 of Th .....

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..... 4,82,00,000 Interest outstanding till 20th May 2018 3,13,53,740 Total 17,95,53,740 5. That the petitioner being financial creditor has to recover an amount of ₹ 17,95,53,740/- which is still remaining unpaid by the respondent as on 20.05.2018 being the corporate debtor, more particularly as per the ledger accounts placed at page No. 10 to the application and marked as Annexure 'B'. 6. That, the petitioner filed the instant application with proof of service on the respondent, however, when the matter was listed on Board, a formal notice was issued upon the respondent through the Registry informing the date of hearing. Learned law .....

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..... e No. 43-45 of the application where declaration is made that no disciplinary proceeding is pending against him with the Board or Indian Institute of Insolvency Professionals of ICAI. 9. On perusal of record and as also discussed above, it is held that there is existence of default and the said default accrued on 20.05.2018. The application under Section 7(2) of the Code is also complete in all respect. 10. In view of the above, the petitioner/financial creditor having fulfilled all the requirements of Section 7 of the Code, the instant petition deserves to be admitted. 11. The petition is, therefore, admitted and the moratorium is declared for prohibiting all of the following in terms of sub- section (1) of Section 14 of the Code: .....

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