9911796707
TMI Blog2022 (10) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... resent case, the default is evidenced by the copy of the loan agreement (Annexure-VI), promissory note (Annexure-VIII), three cheques issued by CD (Annexure-X), Cheque returning memo (Annexure-XI), ledger account (Annexure-XIV) are attached with the main petition. The respondent corporate debtor has been proceeded ex parte, thus, there is no rebuttal to the claim of petitioner. The application filed in the prescribed Form No.1 is found to be complete. Another condition is that there are no disciplinary proceedings pending against the proposed Resolution Professional. In the present case, in Part III of Form 1, Mr. Satyendra Sharma has been proposed as Interim Resolution Professional. The present petition being complete and having establi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s stated to be incorporated on 29.05.2009. The company having its registered address at H-127, First Floor, Residency Greens Greenwoods City, South city-1, Gurgaon, HR-122001, IN. Therefore, the jurisdiction lies with this Bench of the Tribunal. The master data of the corporate debtor is stated to be filed as Annexure-V of the petition. The corporate debtor is engaged in the business of constructing bio toilets technology. 3. It is averred that the corporate debtor approached the petitioner in the first week of December 2018. The petitioner vide loan agreement dated 24.12.2018 granted a short-term loan of Rs.15,00,000/- for a period of four months. The corporate debtor issued two money receipts of Rs.7,50,000/- each dated 24.12.2018 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rporate Debtor towards refund of principal amount and interest were dishonoured by the bank. Copies of loan agreement (Annexure-VI), promissory note (Annexure-VIII), statement of account maintained by petitioner (Annexure-IX), three cheques issued by CD (Annexure-X), Cheque returning memo (Annexure-XI), ledger account (Annexure-XIV) are attached with the main petition. 6. The notice of this petition was issued to the respondent corporate debtor for 24.04.2020 to show cause as to why this petition be not admitted, but neither any person appeared on behalf of the respondent nor any reply was filed. Thereby, vide order dated 08.03.2021, of this Adjudicating Authority, a fresh notice was issued to respondent-corporate debtor, even then, none ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xure-VI), promissory note (Annexure-VIII), three cheques issued by CD (Annexure-X), Cheque returning memo (Annexure-XI), ledger account (Annexure-XIV) are attached with the main petition. The respondent corporate debtor has been proceeded ex parte, thus, there is no rebuttal to the claim of petitioner. The application filed in the prescribed Form No.1 is found to be complete. Another condition is that there are no disciplinary proceedings pending against the proposed Resolution Professional. In the present case, in Part III of Form 1, Mr. Satyendra Sharma has been proposed as Interim Resolution Professional. 11. The Law Research Associate of this Tribunal has checked the credentials of Mr. Satyendra Sharma, and there is nothing adverse a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstruction of Financial Assets and Enforcement of Security Interest Act, 2002; (d) The recovery of any property by an owner or lessor, where such property is occupied by or in the possession of the corporate debtor. (e) It is further directed that the supply of essential goods or services to the corporate debtor as may be specified, shall not be terminated or suspended or interrupted during the moratorium period. (f) 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 financial sector regulator and to a surety in a contract of guarantee to a corporate debtor. (g) The order of moratorium shall have effect from the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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