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2018 (8) TMI 590 - Tri - Insolvency and BankruptcyCorporate insolvency resolution process for non-payment of dues - compliances required under Section 9(5)(i) for admitting the Application - Held that:- No evidence of repayment of any amount by the Corporate Debtor to the Operational Creditor. No repayment was made within the prescribed statutory period of ten days under Section 8(2)(b) of the I&B Code which gave the right to the Operational Creditor to file this present Application under Section 9 of the I&B Code. The compliances required under Section 9(5)(i) for admitting the Application have been fulfilled by the Operational Creditor. The written communication in Form 2 by the Interim Resolution Professional is also annexed to the Application Annexure ‘4’ declaring that no disciplinary proceedings are pending against him. The Application is in proper form with all the requisite Annexures. As stated above, there is no proof of any pending dispute regarding the claim amount and no payment has been made by the Corporate Debtor till date. The Bank Certificate issued by the Punjab National Bank certifying that no payment has been received from the Corporate Debtor and the bank statements provided proves that no payment has been made by the Corporate Debtor against the goods received by it. Thus the Operational Creditor has complied with all other formalities to maintain this petition as stated under Section 9(3)(b) and (c) of the I&B Code and the application is complete as per Section 9(5)(1)(a) of the Code. We do not find any reason to reject this petition.
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