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TMI Blog2022 (10) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... notice dated 24.04.2019 and that it has not been served upon with any notice by the corporate debtor about any dispute in terms of Section 8(2) of the Code. Whether this application was filed within limitation? - HELD THAT:- A perusal of the case file shows that the application was filed vide Diary No.3619 dated 24.07.2019, whereas the date of default is 11.02.2017, therefore, this Adjudicating Authority finds that this application has been filed within limitation. The material on record clearly goes to show that the respondent committed default in payment of the claimed operational debt even after demand made by the petitioner. In view of the satisfaction of the conditions provided for in Section 9(5)(i) of the Code, the petition is admitted - moratorium declared. - CP ( IB ) No. 431 / Chd / Hry / 2019 - - - Dated:- 29-9-2022 - HON BLE MR. HARNAM SINGH THAKUR , MEMBER ( JUDICIAL ) And HON BLE MR. SUBRATA KUMAR DASH , MEMBER ( TECHNICAL ) For the Operational Creditor : Mr. G. S. Sarin , Practicing Company Secretary JUDGMENT PER : HARNAM SINGH THAKUR , MEMBER ( JUDICIAL ) The instant petition has been filed under Section 9 of the Insolvency and Bankru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 61,625.00 2. 1292 13.02.2017 92,925.00 3. 1293 13.02.2017 99,780.00 4. 1436 17.03.2017 9,810.00 5. 0002 03.04.2017 92,321.00 6. 0004 03.04.2017 58,410.00 7. 0035 12.04.2017 80,531.00 8. 0075 21.04.2017 5,880.00 9. 0082 24.04.2017 37,800.00 10. 0101 28.04.2017 13,388.00 11. 0128 08.05.2017 66,780.00 12. 0150 17.05.2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... porate debtor as available on the master data. Thus, vide order dated 04.10.2019, it was observed by this Bench that since the petitioner sent the demand notice to the address of the corporate debtor as available in the master data, the same is treated as a proper service on the respondent-corporate debtor. Vide the said order, notice of the petition was also issued to the respondent/corporate debtor to show cause as to why the petition be not admitted. 7. Vide Diary No.6786 dated 02.12.2019, affidavit of service was filed on behalf of the petitioner/operational creditor, wherein it was deposed by learned Practising Company Secretary representing the operational creditor that in compliance of order dated 14.10.2019 notice of the petition was sent to the respondent/corporate debtor through e-mail, as provided in the master data of the corporate debtor and the same has not bounced back. Further, it has been stated that notice was also sent at registered address of the corporate debtor as provided in the master data of the corporate debtor and the same was delivered. Copy of e-mail, postal receipt and tracking report has been annexed with the said affidavit. 8. Thereafter, sever ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate debtor about any dispute in terms of Section 8(2) of the Code. 12. The other issue for consideration is whether this application was filed within limitation. A perusal of the case file shows that the application was filed vide Diary No.3619 dated 24.07.2019, whereas the date of default is 11.02.2017, therefore, this Adjudicating Authority finds that this application has been filed within limitation. 13. We have gone through the contents of the application filed in Form 5 and find the same to be complete. As discussed above, there is a total unpaid operational debt of ₹10,80,735/-, as claimed in the petition. As noted above, the operational creditor has provided the details of the debt due and has also annexed with the petition copy of ledger account statement, and invoices. Accordingly, the petitioner/operational creditor has established the debt and the default, which is more than Rupees one lakh i.e. the threshold limit (pre-revised). 14. It is noted that the corporate debtor has failed to make payment of the aforesaid amount due as mentioned in the statutory notice till date. Thus, the conditions under Section 9 of the Code stand satisfied. It is evident from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rupted during moratorium period. The provisions of Section 14(3) shall, however, not apply to such transactions as may be notified by the Central Government in consultation with any operational sector regulator and to a surety in a contract of guarantee to a corporate debtor. 19. The order of moratorium shall have effect from the date of this order till completion of the corporate insolvency resolution process or until this Bench approves the resolution plan under sub-section (1) of Section 31 or passes an order for liquidation of corporate debtor under Section 33 as the case may be. 20. The Law Research Associate of this Tribunal has checked the credentials of Mr. Ashok Kumar Jain from the online database provided by the IBBI and there is nothing adverse against him. In view of the above, we appoint Mr. Ashok Kumar Jain, having Registration No. IBBI/IPA-003/IPA-ICAI-N- 00205/2018-2019/12362, E-mail: [email protected], Mobile No.8168170469, as the Interim Resolution Professional with the following directions: - i.) The term of appointment of Mr. Ashok Kumar shall be in accordance with the provisions of Section 16(5) of the Code; ii.) In terms of Section 17 of the Code, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quired information from the computerized data of the corporate debtor from the systems handed over to the Interim Resolution Professional after initiation of CIRP. For retrieving relevant information, the Interim Resolution Professional may take the help of any digital forensic companies from the empanelled list available with the Registry of this Adjudicating Authority, if required. This is imperative for meeting the Code s objectives for maximising the value of the assets of the corporate debtor and completing the resolution process in a time-bound manner. The Interim Resolution professional is also directed to make a specific mention of non-compliance, if any, in this regard in his status report filed before this Adjudicating Authority immediately after a month of the initiation of the CIRP and move an application seeking appropriate remedy, if required. vii.) The Interim Resolution Professional shall after collation of all the claims received against the Corporate Debtor and the determination of the operational position of the Corporate Debtor constitute a Committee of Creditors and shall file a report, certifying the constitution of the Committee to this Tribunal on or befo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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