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2019 (4) TMI 1089 - Tri - Insolvency and BankruptcyMaintainability of petition - initiation of Corporate Insolvency Resolution Process - grant of moratorium - appointment of Interim Resolution Professional - Section 9 of Insolvency and Bankruptcy Code, 2016, r/w Rule 6 of Insolvency & Bankruptcy (Application to the Adjudicating Authority) Rules, 2016 - Corporate debtor - contention of PCS that operational creditor issued demand notice to the corporate debtor in FORM-3 & FORM-4 enclosing invoices which are shown as Annexure-B at Pg.No.10-25 of the application. PCS contended that there is no reply for the said demand notice. HELD THAT:- The operational creditor rendered services to the corporate debtor and raised invoices. There was no reply to the demand notice. The amount claimed by operational creditor is an operational debt and corporate debtor committed default. Nowhere corporate debtor raised any dispute. The documents filed by operational creditor would establish that corporate debtor rendered services to the corporate debtor and operational creditor raised invoices which was committed default. Therefore there are grounds to admit the petition. The Operational Creditor proposes the name of Ms. Shri Sunit Jagdishchandra Shah, as Interim Resolution Professional. The proposed IRP has given written consent in Form-2 vide memo. He has also certified there are no disciplinary proceedings pending against him either with the Board or ICSI. He has enclosed certificate of Registration - The Adjudicating Authority is satisfied that the Corporate Debtor failed to discharge its liability mentioned in the Petition filed by the Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC), resulting occurrence of default for an amount of ₹ 74,17,215/-. The Adjudicating Authority admits this Petition under Section 9 of IBC, 2016, declaring moratorium for the purposes referred to in Section 14 of the Code - petition admitted.
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