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TMI Blog2021 (6) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... invoices from 2016 to 2019 will be within limitation, the amount of which is more than 1 Lac and the default is continuing. The present application is filed on 19.01.2020. 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 - Having considered the facts and circumstances and the material available on record, the Application filed by the Operational Creditor is complete in all respect. This authority is satisfied that the Operational Debt which is due to the Applicant has remained unpaid and default has occurred. The Application is admitted and the commencement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Creditor the same was supplied, further the said goods were received and accepted however, the Corporate Debtor had failed to make the payment outstanding dues ₹ 34,09,880/- with respect to the outstanding invoices from 23.06.2015 to 10.07.2019 along with interest @ 24% per annum as per the invoice i.e. ₹ 19,76,406/-. 5. The Applicant was constrained to issue demand notice dated 16.12.2019 under Section 8 of the Code read with Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, calling upon the Corporate Debtor to pay an amount of ₹ 34,09,880/- with respect to the outstanding invoices from 23.06.2015 to 10.07.2019 along with interest @ 24% per annum as per the invoice i.e. & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... service is annexed. Service is complete. None appears for the Corporate Debtor. Matter is proceeded ex parte against the Corporate Debtor. Let copy of this order be served to the Corporate Debtor. List on 20.03.2020. 9. The dates of default which are continuing from 2015 onwards till 2019. Considering the limitation period, the invoices from 2016 to 2019 will be within limitation, the amount of which is more than 1 Lac and the default is continuing. The present application is filed on 19.01.2020. Hence the application is not time barred and filed within the period of limitation. 10. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 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 not be terminated or suspended or interrupted during moratorium period. (3) The provisions of sub-section (1) shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. (4) The order of moratorium shall have effect from the date of such order till the completion of the corporate insolvency resolution process. 14. The Applicant shall deposit a sum of ₹ 2 lakhs to enable the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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