9911796707
TMI Blog2021 (11) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... 021. This was done on coming to know that Mr. Jose Samuel issued a Section 8 notice to the Corporate Debtor. This Company Petition (IB) was filed by the Petitioner/Operational Creditor falsely claiming to be the Power of Attorney Holder of Mr. Jose Samuel, with the intention to obtain a wrong gain to him and causing a wrongful loss to the Respondent/Corporate Debtor Company. The Applicant/Operational Creditor are directed to pay the costs of ₹ 25000/- through Bharatkosh to the Ministry of Corporate Affairs within one week from that day and submit proof of payment along with an affidavit on or before 10.08.2021, in order to consider his request for withdrawal of CP(IB)/03/KOB/2021 - application allowed. - IA(IBC)/110/KOB/2021 in C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , on presentation, were returned due to Insufficient Funds in the account of the Corporate Debtor. 3. The Operational Creditor sent a statutory notice dated 23.10.2020 in Form 3 under Section 8 of the IBC, 2016 to the Corporate Debtor detailing the debt and sought payment of the said amount within the statutory period of 10 days. The Corporate Debtor has neither denied the debt/liability, nor stated the existence of any dispute prior to the receipt of the statutory notice. Therefore, the Operational Creditor has filed the Company Petition CP(IB)/03/KOB/2021 seeking initiation of insolvency proceedings, as contemplated under Section 9 of IBC, 2016. 4. On 12.07.2021, when the matter was taken up, the learned counsel for the Operationa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ousand Fifty -Eight Rupees Only) plus interest was claimed by the Applicant/Operational Creditor through this application. It is also stated that the Company Petition (IB) was filed by one Mr. Jackson J. claiming to be the Power of Attorney Holder of Mr. Jose Samuel, who is the proprietor of M/s. Thankam Cashew Factory. However, the Petitioner had not filed the Power of Attorney along with the Company Petition (IB). 7. It is further stated that during the pendency of the aforesaid Company Petition (IB), the Operational Creditor Mr. Jose Samuel on 07.07.2021 issued a 'Demand Notice on 07.07.2021 to the Respondent/Corporate Debtor under Section 8 of Insolvency and Bankruptcy Code. The cause of action in the aforementioned 'Demand N ..... X X X X Extracts X X X X X X X X Extracts X X X X
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