9911796707
TMI Blog2021 (6) TMI 853X X X X Extracts X X X X X X X X Extracts X X X X ..... operational debt was disputed by the corporate debtor? - HELD THAT:- The respondent-corporate debtor has filed reply and admitted the occurrence of default towards operational creditor. Thus, there is no dispute as to the liability between the corporate debtor and the operational creditor. Time Limitation - HELD THAT:- As a statutory requirement under Section 9(3)(b) of the Code, an affidavit dated 18.11.2019 has been placed by the operational creditor stating that despite the service of notice dated 02.11.2019, corporate debtor did not raise any dispute qua the outstanding payment. The bank statement for the period from 01.04.2018 to 31.10.2019 has been annexed as Annexure-V of the petition. It has been shown that the corporate debto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 13.11.2019 authorising Mr. Jatin Dandona to sign, and verify and to do all acts related to filing of present petition. There is an affidavit of Mr. Jatin Dandona in support of the contents of the application at page Nos. 17 to 19 of the petition. 2. The Corporate Debtor namely, AG Appliances Private Limited, is a Company incorporated on 16.03.2004 under the provisions of Companies Act, 1956 with CIN No. U31909HP2004PTC000620 having its registered office at Second Floor, Block No. 40, B-3, Sector-6, Parwanoo, Solan, HP-173220 which falls within the State of Himahcal Pradesh. Hence, the jurisdiction lies with this Adjudicating Authority. The Authorized Share Capital of the Respondent Company is ₹ 10,00,000/- and Paid-Up Share Cap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ational debt of ₹ 3,96,212/- (₹ 3,66,863/- as principal amount and interest of ₹ 29,349/- @ 24% p.a. till 02.11.2019) within 10 days. 6. It is deposed by the petitioner that the demand notice was issued to the corporate debtor vide speed post and no notice of dispute has been given by the corporate debtor related to the unpaid operational debt. The affidavit is appended with the petition at Page Nos. 37 to 39. 7. Notice of this petition was issued to the corporate debtor on 10.12.2020 to show cause as to why this petition be not admitted. 8. Respondent-corporate debtor filed reply vide Diary No. 02230/01 dated 12.03.2021, in which it has been stated that corporate debtor could not make payment of outstanding dues ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and interest amount of ₹ 29,349/- as on 02.11.2019). Copy of various invoices raised by operational creditor are appended with the petition and the same are found as Annexures - II to IV. Moreover, demand notice in Form 3 dated 02.11.2019 was also sent on 05.11.2019 stating that the amount due as on 02.11.2019 is ₹ 3,96,212/-. As a statutory requirement under Section 9(3)(b) of the Code, an affidavit dated 18.11.2019 (Page Nos. 37 to 39) has been placed by the operational creditor stating that despite the service of notice dated 02.11.2019, corporate debtor did not raise any dispute qua the outstanding payment. The bank statement for the period from 01.04.2018 to 31.10.2019 has been annexed as Annexure-V of the petition. It ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 002; (d) The recovery of any property by an owner or lessor, where such property is occupied by or in the possession of the corporate debtor. (e) It is further directed that the supply of essential goods or services to the corporate debtor as may be specified, shall not be terminated or suspended or interrupted during moratorium period. (f) The provisions of Section 14(3) shall however, not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator and to a surety in a contract of guarantee to a corporate debtor. (g) The order of moratorium shall have effect from the date of this order till completion of the corporate insolvency resolution process or until ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e determination of the financial position of the Corporate Debtor constitute a Committee of Creditors and shall file a report, certifying constitution of the Committee to this Tribunal on or before the expiry of thirty days from the date of his appointment, and shall convene the first meeting of the Committee within seven days of filling the report of Constitution of the Committee. The Interim Resolution Professional is further directed to send regular progress reports to this Tribunal every fortnight. A copy of order shall be communicated to both the parties. The learned counsel for the petitioner shall deliver copy of this order to the Interim Resolution Professional forthwith. The Registry is also directed to send copy of this order t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
