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TMI Blog2020 (11) TMI 1042X X X X Extracts X X X X X X X X Extracts X X X X ..... e person who has signed it. On perusal of the records it is found that vide Board Resolution dated 15.11.2019 one Mr. Sudeep Pramanik, Director - Human Resource has been given authority to initiate CIRP proceedings against the corporate debtor. On perusal of the records it is also found that the authority letter/Board Resolution empowering Mr. Sudeep Pramanik (page 13) to initiate action under section 9 of the I B Code, is dated 15.11.2019. While comparing with the signature appearing in the demand notice and the petition (form 5) it is found that the signatory in both the documents are different. Even assuming that the said demand notice dated 07.10.2019 was signed and issued by Mr. Sudeep Pramanik, it is evident from the records that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion No. U74910DL1997PTC085591. 3. The respondent/corporate debtor s a private limited company registered on 31.12.2010 under the provisions Companies Act and having identification No. U72900GJ2010PTC063439 and having registered office at Surat, Gujarat State. Authorised share capital of the respondent company s ₹ 50,00,000/- and paid up share capital is ₹ 50,00,000/-. 4. The applicant/operational creditor has stated that, two agreements were entered into between the parties i.e. ManpowerGroup Services India Private Limited (operational creditor) and Euphoria Technologies Private Limited (corporate debtor) as contract staffing services agreement dated 29.09.2017 and permanent employee supply service agreement dated 01.03. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and statutory dues and promised to clear the operational debt in two instalments before 15th January, 2019, however, corporate debtor failed to honour its commitments. 6. The applicant/operational creditor has further stated that, the last invoice became due and payable by the corporate debtor within 30 days from 3 1.10.2017. Inspite of repeated requests and reminders the corporate debtor failed and neglected to make payments of outstanding dues to the tune of ₹ 1,49,45,837/-. 7. It is further stated by the applicant that, having failed to receive the debt, the applicant was compelled to issue demand notice in form 3 dated 07.10.2019 in terms of Section 8 of the I B Code which was returned undelivered. Therefore, operational ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d person on behalf of the applicant company without mentioning designation or full name of the person who has signed it. On perusal of the records it is found that vide Board Resolution dated 15.11.2019 one Mr. Sudeep Pramanik, Director - Human Resource has been given authority to initiate CIRP proceedings against the corporate debtor. On perusal of the records it is also found that the authority letter/Board Resolution empowering Mr. Sudeep Pramanik (page 13) to initiate action under section 9 of the I B Code, is dated 15.11.2019. While comparing with the signature appearing in the demand notice and the petition (form 5) it is found that the signatory in both the documents are different. Even assuming that the said demand notice dated 07 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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