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2019 (11) TMI 1639

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..... the Corporate Debtor failed to appear before this Tribunal. During the hearing of the petition on 11.11.2019 the Petitioner has produced the confirmation of balance by the Corporate Debtor wherein the liability is acknowledge by the Corporate Debtor. The Petitioner is enclosed the invoices which were raised wherein the Petitioner is entitled for interest @24% p.a. on the delay in payments. The above discussion clearly shows that there is a clear debt and default as such the Corporate Debtor is liable to pay the amount as claimed by the Petitioner. This Bench having been satisfied with the petition filed by the Petitioner which is in compliance of provisions of Section 8 9 of the Insolvency Bankruptcy Code admits this application .....

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..... 8,227/- is due but the Corporate Debtor failed to clear the said outstanding dues. On 01.04.2017 the Corporate Debtor acknowledged outstanding balance in Petitioner s ledger account. 4. On 10.12.2018 the Petitioner issued Demand Notice demanding a sum of ₹ 21,26,160/- including interest @24% p.a. under Section 8 of the Code. The Demand Notice was returned with the remark Left on 14.12.2018. Subsequently the Petitioner was allowed to take out substituted services by publication in English and Marathi newspapers and affidavit of services to that effect was filed. However, the Corporate Debtor failed to appear before this Tribunal. 5. During the hearing of the petition on 11.11.2019 the Petitioner has produced the confirmation of .....

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..... ity Interest Act, 2002; the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the Corporate Debtor. (b) that the supply of essential goods or services to the Corporate Debtor, if continuing, shall not be terminated or suspended or interrupted during moratorium period. (c) that the provisions of sub-section (1) of Section 14 shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. (d) that the order of moratorium shall have effect from 14.11.2019 till the completion of the CIRP or until this Bench approves the resolution plan under sub-section (1) of Section 31 or passes an order for liquidation of Co .....

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