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TMI Blog2020 (1) TMI 1420X X X X Extracts X X X X X X X X Extracts X X X X ..... tation or reply by the Corporate Debtor. was served with notice before admission. However, corporate debtor remained absent and it did not contest the claim. The operational creditor has been able to establish un disputed operational debt against corporate debtor and the corporate debtor has been in default with regard to the payment of dues to the operational creditor amounting to ₹ 2,30,62,247.90/ The Operational creditor is able to establish through documents that corporate debtor committed default of operational debt and there is no pre-existing dispute. Thus, this Petition is complete and is liable to be admitted. Petition admitted - moratorium declared. - CP (1B) No. 737/9/HDB/2019 U/s 9 of IBC, 2016 - - - Dated:- 9-1-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s offers state-ofthe-art comprehensive System Integraton, ICT Solutions in the domain of e-Governance solutions, SmartCity Solutions addressing the connectivity, coverage and capacity challenges of public and private networks. c. It is averred that the operational creditor has supplied goods and services to the corporate debtor from July 2016 till the first week of November, 2016 based on the Master Services Agreement entered into and executed between Revenue, Registration Land Records Department, Governament of Jharkand(GOJ) and Jharkhand Agency for promotion of Information Technoloby(JAP-IT) and Tera Software Limited(Prime Bidder) and Amilionn Technologies Private Limited(Consortium Member). d. It is averred that reporting trust a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lready invested huge amount till September 2016, for execution of the Project. g. However, after the incorporation of the Operational Creditor, the Corporate Debtor did not enter into any Agreement with the Operational Creditor but issued an unsigned and back dated Work Order (i.e. 06.09.2016) to the Operational Creditor over email on 07.09.2016 (revised work order on 09.09.2016) with an intention to defraud the Operational Creditor, whereas the Operational Creditor was incorporated on 08.09.2016. h. It is further averred that the operational creditor sent the signed work order to the corporate debtor on 12.09.2016 through courier for counter signing. However, corporate debtor avoided to revert the same by signing but started pressuri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for their workmanship and motivated to complete the project site of Ramgarh and Khunti by 2 nd October, 2016. A copy of trailing email is attached herewith and marked as Annexure 9. Further, corporate debtor sent an email dated 17th November, 2016, to the operational creditor stating the termination of work order/purchase order on the ground of noncompletion of work within time and non-furnishing of bank guarantee as per the terms and condition. m. It is averred that according to the terms and condition of work order the bank guarantee has to be submitted within 60 of signing of the work order. However, the authenticity of the work order is not valid because of the fact that it was signed with back date and issued in the name of the Ope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ft with no other option got issued a Demand Notice to the Corporate Debtor under section 8 of the IBC read with relevant rules made thereunder demanding payment of outstanding dues from the Corporate Debtor. A copy of the demand notice is attached herewith and marked as Annexure 14. q. It is averred that a reply was given to the demand notice by denying the liability on frivolous allegation regarding non-adherence of work order. A copy of the reply to the demand notice is attached herewith and marked as Annexure 15. r. In view of the above submissions, it is averred that the Tribunal may be pleased to pass orders admitting the application filed by the Operational Creditor by initiating the Corporate Insolvency Resolution Process in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of pending suits or proceedings against the Corporate Debtor including execution of any judgment, decree or order in any court of law, Tribunal, arbitration panel or other authority; Transferring , encumbering, alienating or disposing of by the Corporate Debtor any of its assets or any legal right or beneficial interest therein; any action to foreclose, recover or enforce any security interest created by the Corporate Debtor in respect of its property including any action under Securitization and Reconstruction of Financial Assets and Enforcement of Security interest Act, 2002 (54 of 2002); the recovery of any property by an owner or lessor where such property is occupied by or in possession of the corporate Debtor; (b) That the supply o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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