TMI Blog2019 (7) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... red Accountant For The Respondent : None Present ORDER 1. This is a Petition filed under section 9 of Insolvency Bankruptcy Code, 2016 (hereinafter as I B Code ) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (hereinafter as Rules ) on 12.04.2018 by the Petitioner Jyoti Polypack LLP in the capacity of Operational Creditor, against Century Agro Chemicals Private Limited (hereinafter as Corporate Debtor ) having registered address at Flat No. C 23, Shivam Complex, Pune Solapur Road, Near Shankar math, Hadapsar, Pune. 2. The Petitioner has submitted Form-5 as prescribed under the rules. In the req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r made the payment within ten days from the date of receipt of Demand Notice. An affidavit U/s 9(3)(b) of the I B Code stating that no dispute has been raised by the Corporate Debtor has been annexed in the petition. 5. The Operational Creditor submits that there are no instances of complaints raised by the Corporate Debtor against the supply of the goods. Therefore, there is no scope of dispute or Pre-existing dispute about the outstanding payments. 6. The claim of the Operational Creditor has been substantiated by the Bank Statements from 23.02.2018 till 31.03.2018 and a Bank Certificate dated 21.03.2018 under section 9(3)(c) of the I B Code has been produced on record stating that no payment has been r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against the goods supplied by the Petitioner, and there is no existing dispute regarding the same. 10. The Petitioner has not proposed the name of any resolution professional to be appointed as Interim Resolution Professional. 11. The application made by the Petitioner is complete in all respects as required by law, and it clearly shows that the operational debt has not been paid by the Corporate Debtor. ORDER The petition filed under Section 9 of I B Code, 2016 is admitted. We further declare moratorium under section 14 of the I B Code with consequential directions as mentioned below: I. That this Bench at this moment prohibits: a) the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on (1) of section 31 of IBC or passes an order for liquidation of corporate debtor under section 33 of IBC, as the case may be. d. That the public announcement of the corporate insolvency resolution process shall be made immediately as specified under section 13 of IBC. e. That this Bench at this moment appoints Mr Prakash Dattatraya Naringrekar having registration number IBBI/IPA-002/IP-N00270/2017-18/10783 as Interim Resolution Professional to carry the functions as mentioned under IBC, the fee payable to IRP/RP shall comply with the IBBI Regulations/Circulars/Directions issued in this regard. 12. The Registry is directed to immediately communicate this order to the Operational Creditor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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