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TMI Blog2021 (7) TMI 1118X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules') by Anil Kumar (for brevity 'Applicant') with a prayer to initiate the Corporate Insolvency process against G.K. DAIRY AND MILK PRODUCTS PVT. LTD(for brevity 'Corporate Debtor'). 2. The Respondent G.K. DAIRY AND MILK PRODUCTS PVT. Ltd. is a company incorporated on 15.11.1995 under the Companies Act, 1956 having its registered office at B-5/6Pragati Chambers Ranjit Nagar New Delhi 110008 and CIN U74899DL1995PTC073843. It is involved in the business of production and supply of milk and other dairy products. 3. A per the averments in the Application the Applicant was appointed as the "Business Head" with the Corporate Debtor vide appointment letter dated 08.01.2018 and was posted at its registered office. The Appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mes about pending dues from several parties of both Polypack fresh and Ghee vertical is pending but there is no proper reply from your side. Please make sure there due payments are credited in the company's accounts from SS and distributors, otherwise company is forced to take legal action as well." 4. As per the averments mentioned in the application the Corporate Debtor failed to make payment and therefore, a Demand Notice under section 8 of the Code, dated 19.12.2019 was issued at the registered office of the Corporate Debtor vide speed post thereby calling upon the Corporate Debtor to make payment of the unpaid debt of Rs. 8,07,750/-. 5. The Corporate Debtor replied on 27.12.2019 to the Section 8 Demand notice stated that after fe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 9 on 01.02.2020 as an Operational Creditor praying for initiation of Corporate Insolvency Resolution Process of the Corporate Debtor for its inability to liquidate their claim of Rs. 8,07,750/-. Further a notice was issued to the Corporate Debtor for the Section 9 Application vide order dated 07.02.2020 of the Adjudicating Authority and the reply to the Section 9 application was filed by the Corporate Debtor as on 15.12.2020. 7. The Corporate Debtor in its reply dated 15.12.2020 to the Section 9 Application stated the application filed by the Operational Creditor is liable to be dismissed on the ground of pecuniary jurisdiction being specified as minimum Once Crore Rupees as per the Notification of the MCA dated 24.03.2020. The Corpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and fabricated documents which can be gauged from bare perusal of the documents. The Corporate Debtor has rendered two different dates i.e. 10.12.2019 and 19.12.2019 for the alleged legal notice. The alleged dispute raised in the said legal notice is an afterthought and contrary to the stand taken by the Corporate Debtor. 9. The date of default is 01.06.2019 that is the date of the salary to be remitted for the concerned month which was unpaid, and the present application is filed on 01.02.2020. 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. Havin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ordered. 12. Since there was no name proposed by the Applicant for the appointment of the IRP hence, We hereby appoints the interim resolution professional ("IRP"), Mr. Prabhakar Kumar, IBBI/IPA-002/IP-N00774/2018-2019/12373 mail id:[email protected] No. 9810011532. He shall take such other and further steps as are required under the statute, more specifically in terms of Section 15, 17 and 18 of the Code and file his report within 30 days before this Bench. 13. A moratorium in terms of Section 14 of the Code is imposed forthwith in following terms: "(a) the institution of suits or continuation of pending suits or proceedings against the Respondent including execution of any judgment, decree or order in any court of law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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