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TMI Blog2021 (6) TMI 854X X X X Extracts X X X X X X X X Extracts X X X X ..... te Debtor was proceeded ex-parte. The date of default is 21.01.2019 which is the date of the last invoice issued which was unpaid, and the present application is filed on 24.02.2020. Hence the application is not time barred and filed within the period of limitation - The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. The Application filed by the Operational Creditor is complete in all respect. This authority is satisfied that an amount of ₹ 31,32,820/- towards unpaid invoices for the goods supplied by the Operational Creditor, is due and payable by the Corporate Debtor to the Operational Creditor, which it failed to pay. Therefore, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d plaiting materials. 4. As per the averments made in the application, the Corporate Debtor had purchased goods from operational creditor by issuing the telephonically instruction to Operational Creditor the same was supplied, further the said goods were received and accepted by the Corporate Debtor and there were no disputes at that time relating to the Quantity and Quality of goods but thereafter the corporate debtor had failed to make the payment outstanding dues ₹ 22,67,134/- with respect to the outstanding invoices from 21st May 2018 to 21st January 2019 along with interest @36% per annum as per the invoice i.e. ₹ 8,65,686/- . 5. The Applicant was constrained to issue demand notice dated 17.12.2019 under Section 8 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ever appeared before the Adjudicating Authority hence vide order dated 12.01.2021 the Corporate Debtor was proceeded ex-parte. Learned Counsel for the Applicant states that service affidavit has been filed and the Corporate Debtor is served through e-mail at the registered address mentioned in the MCA Master Data. The copy of e-mail is annexed to the service affidavit. The matter had appeared on 15.12.2020, when Corporate Debtor did not appear. Today also Corporate Debtor does not appear. Hence, Corporate Debtor is proceeded to Ex-Parte. Let copy of this order be served to the Corporate Debtor through all modes by the Learned Counsel for the Applicant. List for hearing on 10.02.2021 9. The date of default is 21.01.2019 which is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; (b) transferring, encumbering, alienating or disposing of by the Respondent any of its assets or any legal right or beneficial interest therein; (c) any action to foreclose, recover or enforce any security interest created by the Respondent in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; (d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the Respondent. (2) The supply of essential goods or services to the Respondent as may be specified shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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