9911796707
TMI Blog2022 (5) TMI 869X X X X Extracts X X X X X X X X Extracts X X X X ..... ate of default is mentioned as 20.08.2017 the present Application is filed in July 2019. Hence the debt is not time barred and the Application is filed within the period of limitation. The claim of the operational creditor stands established and prima facie there is default in payment of the amount due to the Applicant without any dispute in existence. Moreover, the claim of applicant is not contested by corporate debtor inspite of various opportunities given, which amounts to admission of debt - the present application is complete u/s. 9(5)(i)(a) and Applicant is entitled to claim its dues, a fact which remained uncontroverted, establishing the default in payment of the operational debt. The present application is admitted in terms of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot, Gujarat- 360110. The authorized share capital of the Corporate Debtor is Rs. 1,00,00,000/- and Paid-up share capital of the Company is Rs. 1,00,00,000/-. The Corporate Debtor is engaged in the business of manufacturing and supplying of instant ready to eat noodles. 4. As submitted by the applicant, the following table reflects the dates on which material was supplied, invoices raised, and amount become due against each invoice. 5. The applicant submits that total amount of Rs. 35,15,110/- as per invoices outstanding is payable by corporate debtor, to the applicant, out of which an amount of Rs. 2,50,000/- is paid by corporate debtor. Therefore, an amount of Rs. 32,65,110/- remains due and payable. Further it is submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled, which mentions 'Item Delivery Confirmed'. The Applicant stated that the Corporate Debtor had neither raised any dispute to said notice nor made any payment towards outstanding dues. Thus, the Applicant filed present Application under Section 9 of Code. As per Part IV of Form-V of the Application, total amount claimed by the Applicant is Rs. 35,73,712/- and date of default is mentioned as 20.08.2017. 9. In the compliance of the order dated 13.11.2019, the applicant has made paper publication on 19.02.2020 in Sandesh newspaper, Rajkot edition, wherein the registered office of the respondent company is situated. 10. Perusal of the record of the proceedings shows that despite service of notice by post and email upon the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... operational creditor stands established and prima facie there is default in payment of the amount due to the Applicant without any dispute in existence. Moreover, the claim of applicant is not contested by corporate debtor inspite of various opportunities given, which amounts to admission of debt. 17. In the given facts and circumstances, the present application is complete u/s. 9(5)(i)(a) and Applicant is entitled to claim its dues, a fact which remained uncontroverted, establishing the default in payment of the operational debt. The present application is admitted in terms of Section 9 (5)(i) of the Code. 18. The applicant has not proposed the name of Interim Resolution Professional(IRP), and therefore, this Bench appoints Mr. Atul ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
