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2021 (9) TMI 747

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..... of Rs. 6,91,594/- along with interest @ 24% p.a. of 1,25,161.94/- - The date of default as per part IV, has occurred from the expiry of ten days of receipt of Invoice the date of receipt of the last invoices was on 08.04.2019. The present application was filed on 04.02.2020, hence the debt is not time barred and the application is 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 - the present application is complete and the Applicant is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, establishing the default in payment of the operational debt beyond doubt. The present appli .....

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..... tation, sightseeing tours, guide services, conference arrangements & other miscellaneous services for its Directors & staff members. It is submitted that applicant entered into General Agreement dated 20.02.2019 with the Corporate Debtor containing the terms & conditions. The applicant provided above said services to the Corporate Debtor from the month of February 2019 to April 2019 and accordingly raised the invoices from 28.02.2019 to 08.04.2019 and the same were duly acknowledged by the Corporate Debtor. 5. The applicant submits that as per the Billing and Payment clause of General Agreement, it was clearly stipulated that the corporate debtor shall clear all the outstanding due, for the services availed within 10 days of receipt of Inv .....

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..... paid. It is submitted that after (sic) No. of reminders and requests made by the applicant, the Corporate Debtor issued a cheque dated 31.10.2019 for the sum of ₹ 2,00,000/-. The Corporate Debtor at the time of issuance of cheque ensured that the said cheque shall be honoured. On presentation of the said cheque for encashment by the applicant, the same was got bounced unpaid with the return memo with the remark "Funds Insufficient". The copy of cheque & return memo are duly annexed. 7. The Applicant issued demand notice dated 20.12.2019 under the provisions of Section 8 of the Insolvency and Bankruptcy Code, 2016 in Form 3 as prescribed under in the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 20 .....

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..... te debtor relating to dispute of the unpaid operational debt. 13. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. 14. In the given facts and circumstances, the present application is complete and the Applicant is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, establishing the default in payment of the operational debt beyond doubt. The present application is admitted, in terms of section 9(5) of IBC, 2016. 15. Since the Applicant has not named the Insolvency Resolution Professional, we hereby appoint Mr. Prateek Kathuria, with registration number IBBI/IPA-001/IP-P02110/2020-21/13278 (email-feaprateek99@gmai .....

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