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TMI Blog2021 (10) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... address , the applicant also served the corporate debtor via email on the registered email id as per master data, the applicant also served the corporate debtor by hand. The copy of acknowledgment of delivery via email and by hand is annexed along with the service affidavit. As per Form V, the total debt outstanding is ₹ 8,50,000/-. The date of default is 01.07.2019 as per Part IV form V and the present application is filed on 23.10.2019. Hence the application is not time barred and 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 Applicant has filed an affidavit in compliance of section 9(3)(b) affirming that no notice of dispute has been given by the corporate debtor relating to dispute of the unpaid operational debt. The present application is filed in Performa prescribed under Rule 6 of the Insolvency and Bankruptcy Code, 2016 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 r/w. Section 9 of the code and is complete - application admitted - moratorium declared. - Company Petition No. IB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... btor about the cheque dishonor and requested the corporate debtor to make payment, but inspite of repeated requests and demands by the applicant, corporate debtor failed to make payments. Hence the applicant filed a criminal complaint under Section 138 of the NI Act against the corporate debtor before the court of Ld. MM (south) Saket Courts, New Delhi. The corporate debtor appeared before the court, thereafter the matter was referred to Mediation Centre, Saket Court. The corporate debtor accepted its liability and agreed to pay a sum of ₹ 8,99,565/- to the applicant in 10 monthly installments. It was recorded vide order dated 16.09.2016 of the Mediation Centre, Saket Court, New Delhi as: After few discussions, both parties have agreed to settle their disputes in full and final on the following terms and conditions:- 1. It is agreed between the parties that the second party, will pay an amount of ₹ 8,99,565/- (Rupees Eight Lakhs Ninety Nine Thousand Five Hundred Sixty Five Only) to the first party, towards full and final amount qua both the parties of the present settlement. 2. It is agreed between the parties that the above-mentioned settled amount of &# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . passed an order granting an opportunity to the corporate debtor to make payment of ₹ 1,83,000/- to the applicant as full and Final payment qua dishonored cheque of ₹ 1,40,000/- along with interest @ 9% + litigation charges of ₹ 16,000/-. The applicant further submits that out of the total ₹ 1,83,000/- the corporate debtor was required to pay a sum of ₹ 1,40,000/- to the applicant adjusting ₹ 50,000/- which had been already paid during mediation as the first installment qua the settlement agreement. 8. On 27.06.2018 the applicant sent a demand notice under Section 8 of the IBC code 2016, for receiving the outstanding dues. Thereafter, the corporate debtor approached the applicant to resolve the matter and the parties arrived at a settlement. In this regard, the corporate debtor prepared an agreement and sent to the applicant, through email for its approval. The applicant, responding to the said email, agreed to proceed with the said agreement dated 28.06.2018. However, the same was never signed by the parties. In compliance of the said agreement the corporate debtor transferred a sum of ₹ 50,000/- on 23.11.2016 through RTGS in the accou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following objections: a) The corporate debtor raised preliminary objection with regards the maintainability of the said application as the present application is barred by Res-Judicata, it is stated that the issue between the same parties, same transaction and same cause of action has already been adjudicated, by Delhi Bench. b) That the applicant is hit by provisions of Section 65 of I B code, 2016, as the applicant has concealed material facts. Further also stated that the applicant has violated the terms of agreement dated 27.06.2018, by filing an application under Section 9 previously. Hence the applicant cannot invoke the terms of the agreement. 13. The applicant did not file any rejoinder contravening the contentions of the corporate debtor. 14. The date of default is 01.07.2019 as per Part IV form V and the present application is filed on 23.10.2019. Hence the application is not time barred and filed within the period of limitation. 15. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. 16. The Applicant has filed an affidavit in compliance of section 9(3) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecific consent is required to be filed in Form 2 of Insolvency and Bankruptcy Board of India (Application to Adjudicating Authority) Rule, 2016 and make disclosures as required under IBBI (insolvency Resolution Process for Corporate Persons) Regulations, 2016 within 7 days. 20. We direct the applicant to deposit a sum of ₹ 2 lacs with the Interim Resolution Professional, namely Mr. Kamal Ahuja to meet out the expense to perform the functions assigned to him in accordance with regulation 6 of Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Person) Regulations, 2016. The needful shall be done within one week from the date of receipt of this order by the Operational Creditor. The amount however be subject to adjustment by the Committee of Creditors, as accounted for by Interim Resolution Professional, and shall be paid back to the Operational Creditor. 21. As a consequence of the application being admitted in terms of Section 9(5) of IBC, 2016, moratorium as envisaged under the provisions of Section 14(1), shall follow in relation to the corporate debtor, prohibiting as per proviso (a) to (d) of the Code. However, during the pendency ..... X X X X Extracts X X X X X X X X Extracts X X X X
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