9911796707
TMI Blog2021 (4) TMI 941X X X X Extracts X X X X X X X X Extracts X X X X ..... itted - moratorium declared. - IB-08(ND)/2020 - - - Dated:- 1-4-2021 - Ch. Mohd Sharief Tariq, Member (J) And Narender Kumar Bhola, Member (T) For the Appellant : Sagar Bansal, Advocate ORDER 1. The Ld. Counsel for the Operational Creditor is present. There is no representation on behalf of the Corporate Debtor. As seen from the record, the Corporate Debtor has been proceeded ex-parte on 19.01.2021. 2. Under Consideration is CP (IB)-08(ND)/2020 filed under Section 9 of the IBC, 2016 with the prayer to initiate CIR Process against the Corporate Debtor viz., M/s. RS Seven Lifestyle Private Limited., declare Moratorium and appoint Interim Resolution Professional. 3. It is submitted by the Ld. Counsel for the Operational ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich was delivered on 13.08.2019 to the Corporate Debtor and proof of service of the same is available at Page No. 197 of the type-set filed with the petition. It is noted that no reply was given by the Corporate Debtor to the demand notice. The Operational Creditor has also filed affidavit in compliance of Section 9(3)(b) of the Code. The affidavit is placed on record at Page 312A and 312B, wherein it is deposed that no notice has been received from the Corporate Debtor relating to any dispute about operational debt. The Bank Statement is also placed at Page 199 and the ledger account is placed at page 303 of the type-set filed with the petition. 8. The documentary evidence placed on record establishes that the Corporate Debtor failed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rium period. The provisions of Sub-section (1) of Section 14 shall not apply to such transactions, as notified by the Central Government. 11. The Operational Creditor has proposed the name of Resolution Professional viz., Mr. Piyush Moona, registered with IBBI having Registration No.: IBBI/IPA-001/IP-P00990/2017-2018/11630 Address: Flat No. 04034, ATS Advantage Ahinsa Khand 1, Indirapuram Ghaziabad - 201014, Email: [email protected] and Mobile No. : 9818175255. His consent is already obtained and no investigation is pending against him. Therefore, Mr. Piyush Moona is appointed as IRP and directed to take charge of the CD's management immediately including bank accounts. The IRP is also directed to cause public announcement as pre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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