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TMI Blog2018 (7) TMI 2232X X X X Extracts X X X X X X X X Extracts X X X X ..... uted by the Respondent despite being given adequate opportunity to file reply. The respondent has been proceeded ex-parte vide order dated 3 1.05.2018. The present application is complete and the Operational Creditor is entitled to claim its dues towards the goods supplied to the corporate debtor and there has been a default in payment of the operational debt. Therefore, on fulfilment of the requirements of section 9 (5) (i) (a) to (e) of the Code, the present application is admitted. Application admitted - moratorium declared. - Company Petition No. (IB)-496 (ND)/2018 - - - Dated:- 18-7-2018 - Ms. INA MALHOTRA, MEMBER (JUDICIAL) AND MS. DEEPA KRISHAN, MEMBER (TECHNICAL) For Applicant: Mr. Anurag Sharma Ms. Gunjan Mittal (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2018, supplied the goods called MS Bar as ordered by Corporate Debtor for their new housing project situated at Project Misty Height, Plot No. GH-1, Sector Adjoining Tech Zone-IV, Sports City, Greater Noida, Uttar Pradesh and issued invoices from time to time in respect of the supplied goods, and various invoices were raised. 5. It is submitted that the operational creditor is maintaining a ledger account against the Corporate Debtor for the supplied goods which reflects an outstanding of ₹ 1,89,29,411/-. It is also the case of the applicant that upon receipt of the goods supplied under the issued invoices, the authorized signatory of the corporate debtor has duly acknowledged the receipt of the goods by signing delivery challans a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued prohibiting the following: Institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; 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 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; recovery of any property by an owner or lessor where such property is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... antecedents. The Interim Resolution Professional has filed necessary declaration in accordance with the IBBI Regulations and the provisions of the Code. 12. The Interim Resolution Professional shall perform all his functions religiously and strictly which are contemplated, interalia, by Sections 15, 17, 18, 19, 20 21 of the Code. 13.The petitioner is directed to pay a sum of Rupees two lakhs to the Interim Resolution Professional to meet the expenses 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. This shall however be subject to adjustment by the Committee of Creditors as accounted for by Int ..... X X X X Extracts X X X X X X X X Extracts X X X X
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