TMI Blog2022 (8) TMI 930X X X X Extracts X X X X X X X X Extracts X X X X ..... rate debtor has admitted its debt within limitations and has shown its inability to clear the outstanding debt. The present application is admitted, in terms of section 9 (5) of IBC, 2016. Application admitted - moratorium declared. - CP (IB) 210/NCLT/AHM/2021 - - - Dated:- 4-8-2022 - DR. DEEPTI MUKESH HON BLE MEMBER(JUDICIAL) And AJAI DAS MEHROTRA HON BLE MEMBER (TECHNICAL) For Applicant : Ms. Natasha Shah, Advocate ORDER 1. This application is filed under Section 9 of Insolvency and Bankruptcy Code, 2016 (for brevity IBC, 2016 ) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity the Rules ) through Mr. Sani P. Panchal, Proprietor of Aakar Construction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mited for which updated certificate of incorporation was issued. Copies of all the certificates of incorporation issued by the Registrar of Companies from time to time are annexed to the application. 5. It is stated by the applicant that work order dated 10.10.2020 was issued in the name of Dev Procon Limited and the entire transactions were carried out in the name of Dev Procon Limited which is further evidenced by the Certificate of Registration issued by concerned authority under the GST Regulations. 6. The applicant further states that as per the terms and conditions of the work order dated 10.10.2020 issued by the corporate debtor, the applicant had undertaken the work of dressing, steel binding, concreting (M-25 Grade), pouring, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rming the next date of hearing and, a copy of Master Data of the corporate debtor as proof of registered office of the corporate debtor. 9. In compliance of order dated 29.03.2022, the applicant filed affidavit of service of notice dated 02.04.2022 issued on the corporate debtor informing the next date of hearing i.e. 19.04.2022. 10. Despite issuing notice through Registry and by the applicant, corporate debtor neither appeared nor filed any reply. Therefore, the matter was proceeded ex-parte against corporate debtor on 21.02.2022. 11. As per part IV, Form 5 total amount of debt is Rs. 1,22,88,481/- (Rupees one crore twenty-two lakhs eighty-eight thousand four hundred eighty-one only) which includes principal amount of Rs. 1,18,15, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... debtor has admitted its debt within limitations and has shown its inability to clear the outstanding debt. The present application is admitted, in terms of section 9 (5) of IBC, 2016. 17. The applicant has proposed the name of the Interim Resolution Professional (IRP) to be appointed, namely, Mr. Arpan Maheshkumar Shah who is hereby appointed as IRP of corporate debtor having address at 301, Shoppers Plaza-4, Opp. BSNL, C.G. Road, Ahmedabad 380 006 with registration No. IBBI/IPA-001/IP-P- 01847/2019-20/12862 and having email ID [email protected], subject to the condition that no disciplinary proceedings are pending against him. Specific consent of the IRP in Form 2, along with disclosures as required under IBBI (Insolvency Resolutio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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