TMI Blog2019 (2) TMI 1112X X X X Extracts X X X X X X X X Extracts X X X X ..... r vide dated 17.08.2018 through both the modes, Speed Post which was duly delivered on March 15, 2018 and also dispatched through email at its registered email id vide email dated March 14, 2018. The Corporate Debtor has neither submitted a reply to the aforesaid notice till date nor made any payment towards the outstanding dues. The applicant filed present Application under section 9 of IBC, 2016 and served the copy of this application which is duly received by the Corporate Debtor as per the affidavit of service filed by the applicant. The Applicant has filed an affidavit affirming that in respect of the amount claimed or any part thereof, the Applicant has not received nor had any person, on its behalf had received in any manner th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Mr. Kamaljeet Bhatti, the proprietor of Planet Mobi, through Mr. Nitin Nanda, (for brevity Applicant ) with a prayer to initiate the Corporate Insolvency process against M/s Realdream Digital Private Limited (for brevity Corporate Debtor ). 2. The applicant is a proprietorship concern of Mr. kamaljeet Bhatti as proprietor, who had in turn authorized Mr. Nitin Nanda vide power of attorney dated 16.04.2018 to initiate CIRP under I B Code. The applicant is having its principal place of business at E-227, Second Floor, Rishi Nagar, Rani Bagh, New Delhi. 3. The corporate debtor is a private limited company, company limited by shares, incorporated under the provisions of Companies Act, 1956 on 28.11.2015 bearing CIN U74999DL2015PTC2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the aforesaid notice till date nor made any payment towards the outstanding dues. 9. The Operational Creditor has issued a demand notice dated 13.03.2018 under section 8 of the Insolvency and Bankruptcy Code, 2016 as per Form 3 as prescribed under in the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 to the Corporate Debtor to pay the unpaid operational debt in full within 10 (ten) days of receipt of the notice. Service affidavit is filed to corporate debtor vide dated 17.08.2018 through both the modes, Speed Post which was duly delivered on March 15, 2018 and also dispatched through email at its registered email id vide email dated March 14, 2018. The Corporate Debtor has neither submitted a reply to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication is complete and the Applicant is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, establishing the default in payment of the operational debt beyond doubt. In the light of above facts and records, the present application is admitted. 18. The Applicant has named the Interim Resolution Professional (IRP), to be appointed by the order of Tribunal, as Mr. Jaswant Singh having registration number IBBI/IPA-002/IP-N00372/2017-18/11135, (email-csjaswantsingh@gmail.com), Mobile No. 9873606667, duly registered with Insolvency and Bankruptcy Board of India, as the Interim Resolution Professional subject to the condition that no disciplinary proceedings are pending against such an IRP named who may act as an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wever, during the pendency of the moratorium period in terms of Section 14(2) and 14(3) as extracted hereunder: (2) The supply of essential goods or services to the corporate debtor as may be specified shall not be terminated or suspended or interrupted during moratorium period. (3) The provisions of sub-section (1) shall not apply to- a. such transaction as may be notified by the Central Government in consultation with any financial sector regulator. b. a surety in contract of guarantee to a Corporate Debtor. 20. The order of moratorium shall have effect from the date of this order till the completion of the corporate insolvency resolution process, provided that where at any time during the corporate insolvency resolution pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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