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2018 (7) TMI 757 - Tri - Insolvency and BankruptcyCorporate insolvency process - Held that:- The acknowledgement of the debt is available in the accounts of the petitioner since 2008-09 upto 31. 03. 2016. As already discussed above, the respondent’s contention that the financial statement of respondent placed on record by the petitioner has been made in connivance with the ex-employee of the respondent is not supported by any proof and moreover, the Balance Sheet as at March 2016 filed by the petitioner at Annexure A-11 of the application is signed by the Chartered Accountant as well as two Directors. Therefore, the respondent’s explanation is found without any basis. The respondent has sought to rely upon the Balance Sheet as in March 2017 (Exh. R-3) and has stated that no dues to the petitioner are shown therein. However, the respondent has not filed on record any details to reconcile the account of the petitioner shown in the Balance Sheet of the respondents of March 2016 and March 2017. The deletion of the Trades Payable to Mahavir Traders in the Balance Sheet of March 2017 appears to be an afterthought by the respondents to remove evidence of the Trades Payable of Mahavir Traders in the respondents’ accounts. In view of the foregoing discussion, the respondent’s contention that the claim is time barred cannot be accepted. The petitioner, being an operational creditor, is not bound to propose the name of the Resolution Professional to be appointed as Interim Resolution Professional. The petitioner, however, has filed written communication in Form 2 (Annexure A-10 of application and Annexure A-2 of diary No. 2831 dated 11. 12. 2017) from Mr. Anjum Goyal, registered Resolution Professional having allotted Registration No. IBBI/IPA-002/IP-N00251/2017- 18/10765, giving all the necessary particulars as required in the form and that he is presently not serving as IRP/RP/Liquidator in any proceedings. It is also stated by him that there are no proceedings pending against him with the Insolvency and Bankruptcy Board of India (IBBI) or ICSI. Having perused the form, we find the same to be in order. We find that all the compliances have been made and the application is complete and the petition deserves to be admitted.
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