TMI Blog2019 (1) TMI 578X X X X Extracts X X X X X X X X Extracts X X X X ..... btor, as well as no reply has been filled before this Tribunal and this tribunal having been satisfied with the claim made and as a default arises thereunder is constrained to initiate Corporate Insolvency Resolution Process (CIRP) as against the Corporate Debtor. Since the petitioner has not proposed any Insolvency Resolution Professional, Mr, Rajneesh Singhvi having IP registration No. IBBI/IPA- 001/IP-P0003712017-18110098 is appointed as IRP. The Operational Creditor to remit a sum of ₹ 2,00,0001- within two days from the date of receipt of this order to the IRP named as above. In view of the admission of this petition the moratoriurn as contemplated under Section 14 of IBC, 2016 be commenced. Application admitted. - IB- 74 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... speed post. However, the said notice had been returned by the Postal Department with an endorsement 'refused'. Section 8 notice was also duly issued through email to the Corporate Debtor and the same was not been returned back or bounced. Despite issue of Section-8 notice, no amount has been paid nor any notice of dispute has been sent by the Corporate Debtor and hence this petition before this Tribunal invoking the provisions of Section 9 of IBC, 2016. 2. Perusal of the records of this Tribunal shows that pursuant to the notice issued one Mr. Harish Khandelwal, Director of the Company/Corporate Debtor appeared before this Tribunal on 28.9.2OlB. However, in view of the lack of authorization, this Tribunal directed the said person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on specified by the Corporate Debtor is annexed as Annexure A-8 (Colly). It is brought to the notice of this Tribunal that along with the invoices the Lorry receipts as well as the ietter issued by the consignee being the inspection/test report has also been enclosed in relation to all the invoices and that there can be no question of dispute in relation to quality of goods or quantity. Further, learned counsel for the petitioner also points out to the statement of accounts as filed as Annexure A'7 to the petition, wherein the balance which has been struck off after accounting of the payment for the sum of ₹ 14,00,059/- from the Corporate Debtor is to the extent of 47,89,0211-. h is also poilted out by leamed counsel for the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate Insolvency Resolution Process (CIRP) as against the Corporate Debtor. 7. Since the petitioner has not proposed any Insolvency Resolution Professional, Mr, Rajneesh Singhvi having IP registration No. IBBI/IPA- 001/IP-P0003712017-18110098 is appointed as IRP. The Operational Creditor to remit a sum of ₹ 2,00,0001- within two days from the date of receipt of this order to the IRP named as above. In view of the admission of this petition the moratoriurn as contemplated under Section 14 of IBC, 2016 be commenced. In terms of Section L7 of IBC, 2016, the powers of the Board of Directors of the Corporate Debtor shall stand suspended and the IRP appointed by this Tribunal will take charge of affairs of the Company henceforth. 8. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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