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TMI Blog2021 (8) TMI 1200X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 3442 of 2019 - - - Dated:- 10-8-2021 - Hari Venkata Subba Rao, Member (J) And Chandra Bhan Singh, Member (T) For the Appellant : Khushboo Rohra i/b Sahil Mahajan ORDER Chandra Bhan Singh, Member (T) 1. This Company Petition is filed by Ultratech Cement Limited, (hereinafter called Operational Creditor ) seeking to set in motion the Corporate Insolvency Resolution Process (CIRP) against Schema Enterprises Private Limited (hereinafter called Corporate Debtor ) alleging that the Corporate Debtor committed default in making payment to the Operational Creditor in view of the invoices raised by them upon the Corporate Debtor, by invoking the provisions of Section 9 of Insolvency and Bankruptcy Code (hereinafter called the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .12.2018. 6. The matter has been listed from time to time on board. Ample opportunity was given to the Corporate Debtor to file its reply. Not only the Corporate Debtor failed to file a reply but also failed to make representation before this Bench. Therefore, the Corporate Debtor was set ex-parte vide an order of this Bench dated 16.04.2021. Heard the counsel appearing for the Operational Creditor and perused the documents submitted by him. The counsel for the Operational Creditor successfully demonstrated and proved the existence of debt and default. The debt is within limitation. Thus, the Company Petition satisfies all the requirements for admission. Since the Corporate Debtor remained ex-parte even without filing any reply, the clai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ebtor 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 Security 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. (e) 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. (f) That the provisions of sub-section (1) of Section 14 shall not apply to such transactions as may be no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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