9911796707
TMI Blog2022 (9) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... porate debtor has committed default in making payments of invoices due to be payable. Pursuant to which, the applicant made several oral and written request to make payment for the unpaid dues. Though, the corporate debtor never raised any dispute nor any objection with regards to the to the quality of services provided by corporate debtor. Relatively, the corporate debtor has made part payments towards running ledger of the goods supplied by the operational creditor. This leaves no doubt that the default has occurred for the payment of the unpaid operational debt to the applicant. It is reiterated that despite service of demand notice and notices by this court no objection has been raised by corporate debtor. The corporate debtor has ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. b. It is stated that the debt accrued on account of unpaid invoices raised towards for providing services relating to freight -forwarding and logistics. c. Further, it is stated that the cause of action first arose when the Corporate Debtor failed to pay its dues to the Operational Creditor herein. It arose on 17.9.2016, when the corporate debtor failed to make payment in terms of first invoice and again it arose on 14.01.2017 when the last invoice raised on the corporate debtor fell due. Thereafter it again arose on 14.12.2017 when the Corporate Debtor failed to reply to the Statutory Notice issued by the Operational Creditor under Section 8(1) IBC, 2016 to the Corporate Debtor herein. d. It is stated that the Corporate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icant issued Demand Notice u/s. 8 of the Code on 14.12.2017 duly served at the registered office of the corporate debtor. The postal receipts and tracking report has been placed on record. The applicant has filed an affidavit under Section 9 (3) (b) stating that no payment or notice of dispute has been received by applicant after service of demand Notice. Further, Inspite of receipt of said Notice, the Corporate Debtor has neither paid the dues of the Operational Creditors nor replied to the said Notice. j. It is therefore claimed that the Corporate Debtor is not in a position to meet its financial commitments and is unable to pay its debts to its creditors in the normal and ordinary course of business, it is just and equitable and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the service of the present petition, inspite of various opportunities, the corporate debtor did not appear before the bench to present his defence. Therefore, in the given facts and circumstances, since no objection has ever been raised by corporate debtor, it can be concluded that the applicant has established its claim which is due and payable by the corporate debtor. The present application is admitted. 5. The applicant has not proposed the name of an IRP, therefore, this bench appoints Mr. Rakesh Kumar Jindal, as the Insolvency Resolution Professional of the corporate debtor. The registration number of the IRP being IBBI/IPA-002/IP-N01148/2021-2022/13963 and email id [email protected]. IRP above named is appointed subject t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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