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2021 (6) TMI 48 - Tri - Insolvency and BankruptcySeeking substitution of the proposed Interim Resolution Professional - proposed Interim Resolution Professional shows reluctance due to COVID-19 and weak immune system - It is deposed by the Interim Resolution Professional that there are no disciplinary proceedings pending against him with the Board or ICSI Institute of Insolvency Professionals - HELD THAT:- The instant application is allowed and the name of the earlier proposed Interim Resolution Professional "Mr. Sameer Rastogi" be substituted with "Mr. Vekas Kumar Garg". Maintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditor - existence of debt or not - service of demand notice - HELD THAT:- An affidavit dated 29.03.2019 (Annexure A-10) has been furnished by the petitioner stating that no reply to demand notice has been received nor any notice of dispute has been received by Operational Creditor. The demand notice in Form No. 3/4 was properly delivered by the Operational Creditor and no pre-existing dispute is proved. It has been shown that the corporate debtor has failed to make payment of the aforesaid amount due as mentioned in the statutory notice till date. It is also observed that the conditions under Section 9 of the Code stand satisfied. The petitioner-operational creditor states that from the above mentioned facts it is clear that the liability of the respondent-corporate debtor is undisputed. Accordingly, the petitioner proved the debt and the default, which is more than ₹ 1 lakh by the respondent-corporate debtor. Application admitted - moratorium declared.
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