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TMI Blog2022 (5) TMI 1463X X X X Extracts X X X X X X X X Extracts X X X X ..... and this petition has been filed on 18.11.2019. Therefore, the petition is filed well within limitation in terms of provisions of section 19 of the Limitation Act, 1963 - It is further noted that the Corporate Debtor, vide its letter dated 10.04.2018, has also confirmed and admitted that the amount is due and payable. Therefore, there is really no defence to the section 9 petition. The petition filed under section 9 is complete in all respects. The outstanding amount is more than the threshold limit of ₹1,00,000/- (Rupees one lakh) only existing at the time of filing of the petition. The petition is also well within the limitation. There is no pre-existing dispute of any kind that inhibits the admission of the present petition. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eply to the Demand Notice, though on 04.08.2018 an amount of ₹8,00,000/- was deposited by the corporate debtor with the Operational Creditor. No payment was made for the remaining dues. 5. Again, another demand notice dated 21.01.2019 was issued by the Operational Creditor, which was also duly received by the Corporate Debtor. Like on the previous occasion, the Corporate Debtor chose not to reply. It also did not make any payment. 6. The total sum due is claimed to be ₹19,95,817/-, consisting of a principal sum of ₹11,53,817/- plus interest at the rate of 24% per annum. 7. Affidavit in compliance of section 9(3)(b) of the Code has been placed on record. 8. It is submitted on behalf of the Corporate Debtor that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that the demand notice has been duly served to the corporate debtor on 07.07.2018 and evidencing the same the postal receipt has also been placed on record. 11. We have considered the submissions made on both sides and perused the record. 12. As per tracking information, the Demand Notice dated 21.01.2019 under section 8 dated 21.01.2019 has been duly delivered to the Corporate Debtor. This fact has remained uncontroverted during the course of hearing. Therefore, the contention of the Corporate Debtor regarding non-receipt of Demand Notice is rejected. Affidavit under Section 9(3)(b) of IBC has also been filed. The last payment was made on 24.08.2018 and this petition has been filed on 18.11.2019. Therefore, the petition is filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passes an order for liquidation of Corporate Debtor under section 33 of the IBC, as the case may be. (d) Public announcement of the CIRP shall be made immediately as specified under section 13 of the Code read with regulation 6 of the Insolvency Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016. (e) Mr. Sudhir Kumar Shukla [Reg No.IBBI/IPA-001/IP-P-01139/2018-19/12386], having address at B-16 Agnipath Colony, TB Sapru Marg, Civil Lines, Prayagraj, Uttar Pradesh 211001 [email: [email protected]], having Authorisation for Assignment (AFA) Certificate No.AA1/12386/ 02/071122/103034, to act as the IRP under Section 13(1)(c) of the Code. The fee payable to IRP or, as the case may be, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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