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2019 (7) TMI 1732 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of default or not - Dishonor of Cheque - non-compliance with the terms of the amicable settlement - post dated cheques issued against the payment of the claim made by the petitioner - HELD THAT:- The default stands established and there is no reason to deny the admission of the petition. It is needless to say that if any payment has been made that will be looked into by the Resolution Professional. CS Mr. Vekas Kumar Garg, having registration no. IBBI/IPA-002/1P-N00738/2018-2019/ 12291with the Address:- D-4 B, First Floor Ramprastha, Near Raghunath Temple, Ghaziabad (Uttar Pradesh) -201011, is appointed as IRP who has filed his declaration in accordance with Rule 9 of Adjudicating Authority Rules and he is to act as an IRP by performing all his duties. Te provisions of Section 7 (2) and Section 7 (5) of IBC have been complied the requirements of Section 7 of the Code for initiation of Corporate Insolvency Resolution Process stand fulfilled and accordingly the present petition is admitted - petition admitted - moratorium declared.
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