9911796707
TMI Blog2022 (4) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... services name, Security, Housekeeping, Horticulture, Fagade Clearing etc. The letter of Intent has been issued for Property Management Services dated 13.04.2017, is annexed at page 36 to 58 of this Petition. 2. That the Operational Creditor has provided services, to the Corporate Debtor from April 2017 to November, 2017. In terms of clause 3 of the Agreement, the Operational Creditor has raised certain invoices for the services provided to the Corporate Debtor, which were to be paid within 15 days of the date of invoice or on before the due date mentioned in the invoices. Invoices are at Annexure P-6 @Page 59-70 and the details of these Invoices are as follows: 3. The last payment by the Corporate Debtor was made on 26.10.2017 and therea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... office to Flat No. 206, Vikas Plaza, Plot No. 2, Local Shopping Centre, Kalkaji, New Delhi and the Intimation of the same was filed with the Registrar of Companies in (FORM No. INC-22 uploaded on 24.12.2018 at 13:12:40 hours), which is annexed as P-8 at page 137-139. 9. Even assuming that the change in the registered office has happened. It is pleaded that the Demand Notice was sent and delivered to the Corporate Debtor much prior to filing of Form INC-22. Therefore, it is considered that the service of notice is completed. 10. In relation to this the petitioner's apprehension with respect to the period of change of registered office, has relied upon the following decision: "Similar question of intimation of change of registered off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Board Resolution dated 26.12.2017 of Operational Creditor Company. d) Annexure P-4: Computation of total amount of debt due and payable in form of the Operational creditor. e) Annexure P-5: True Copy of Letter of Intent for Property Management Services dated 13.04.2017. f) Annexure P-6 (Colly); TRUE COPIES OF Invoices not paid by the Corporate Debtor. q) Annexure P-7: Copy of Demand Notice dated 04.12.2018 sent by the Operational Creditor, along with its postal receipts and tracking report. h) Annexure P-8: True Copy of Form INC-22 dated 24.12.2018 uploaded by the Corporate Debtor on website of MCA. i) Annexure P-9: Certificate in compliance to Section 9(3)(b) of the Insolvency and Bankruptcy Code, 2016. j) Annexur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ack to the Operational Creditor. 17. The moratorium is declared which shall have effect from this Order till the completion of CIRP, for the purposes referred to in section 14 of the IBC, 2016. It is ordered to prohibit all of the following, namely:- a. The institution of suits or continuation of pending suits or proceedings against the respondent including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; b. Transferring, encumbering, alienating or disposing of by the respondent any of its assets or any legal right or beneficial interest therein; c. Any action to foreclose, recover or enforce any security interest created by the respondent in respect of its property inclu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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