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TMI Blog2019 (11) TMI 1659X X X X Extracts X X X X X X X X Extracts X X X X ..... Jeetendra Kumar Pandey, Adv. ORDER Suchitra Kanuparthi, J. 1. This Company Petition is filed by Om Traders (hereinafter called "Petitioner") seeking to set in motion the Corporate Insolvency Resolution Process (CIRP) against SARU Agro Foods Limited (hereinafter called "Corporate Debtor") alleging that Corporate Debtor committed default in making payment of Rs. 11,99,138/- including interest at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2016 to the Corporate Debtor demanding payment of Rs. 11,99,138/- which is inclusive of interest. 4. The Petitioner has annexed the copies of the purchase order and invoice raised pursuant to the delivery of products. 5. The Petitioner has filed affidavit as required under Section 9(3)(b) of the Code stating that there was no notice of dispute given by the Corporate Debtor. 6. On 12.9.2019, d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the corporate Debtor's side. 7. Even though, the Counsel for the Corporate Debtor has attended for all the hearings, no reply was filed, this bench has heard both the sides and reserved the matter for orders. 8. On going through the Form-5, the related documents submitted therein, and after hearing the submissions, this bench is of the view that the Corporate Debtor has committed default ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her in any court of law; transferring, encumbering, alienating or disposing of by the Corporate Debtor any of its assets or any legal right or beneficial interest therein; any action to foreclose, recover or enforce any security interest created by the Corporate Debtor in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y be. (e) that the public announcement of the CIRP shall be made immediately as specified under Section 13 of the Code. (f) that this Bench hereby appoints Mr. Atul Babulal Shah, having office at Mahavir Dham-A/1A,48/51 Garodia Nagar, Ghatkopar (East), Mumbai-400077, having email address [email protected], having Registration No. IBBI/IPA-001/IP-P01102/2017-18/11795 as Interim Resolution Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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