TMI Blog2019 (8) TMI 553X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 9 (3) (b) of no dispute has been filed. In view of the satisfaction of the conditions provided for in Section 9(5)(i) of the Code, we admit the application and direct the initiation of CIRP of M/s. Ojasvi Agritech Private Limited. Application admitted - moratorium declared. - Company Petition No. (IB)-132/9/JPRl20l9 - - - Dated:- 19-7-2019 - DR. DEEPTI MUKESH, MEMBER (Judicial) For The Applicant : Mudit Manohar, Advocate And Mr. Ankit Juneja, Advocate For The Respondent : None ORDER 1. The present application is filed under section 9 of Insolvency and Bankruptcy Code, 2016 (for brevity 'Code, 2016') read with Rule 6 of the Insolvency and Bank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 40,000/- shall be paid within 15 days from the date of receipt of invoice. Accordingly, the applicant has rendered services from the month of July, 2017 to January, 2018 and against such services raised total 5 invoices to the tune of ₹ 2,80,000/-. Copy of invoices are annexed. The corporate debtor has not made payment of any of the invoices to the applicant. Thus, the applicant issued demand notice under Section 8 of the Insolvency and Bankruptcy Code for an amount of ₹ 2,80,000 dated 14.02.2019 on the Corporate Debtor, which was duly received by Corporate Debtor through post on 25.02.2019.Copy of tracking report as proof of service of said section 8 notice is annexed. 5. It is submitted that the Corporate Debto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of default and amount claimed to be in default. It is claimed that the default occurred on 16.10.2017. The total amount claimed to be in default is ₹ 3,33,1291- (₹ 2,80,000/- being principal and ₹ 53,1291- being the interest). 8. The certificate dated 17 .05.2049 of Bank of Baroda has been filed confirming that no credit of ₹ 2,80,000 was received from the corporate debtor in the name of Suraj Mal Sharma between the period of 01 .08.2017 to 16.05.2019. Copy of certificate is annexed with the application, hence requirement under section 9(3) (c) is complied. 9. The one Mr. Jitendra Singh S/o Kate Hukum Singh, director of the corporate debtor appeared before this Tribunal and has furni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a, is appointed as the Interim Resolution Professional. The applicant has filed consent in Form 2 of Insolvency and Bankruptcy Board of India (Application to Adjudicating Authority) Rule, 2016 stating therein that no disciplinary proceedings are pending against named IRP, along with certificate of Registration of IRP. 14. As a consequence of the above discussion application is admitted in tenns of Section 9(5) of IBC, 2016 and moratorium as envisaged under the provisions of Section 14(l) shall follow in relation to the Corporate Debtor prohibiting all of the actions mentioned under section 1a(1)(a) to (d). 15. However, during the pendency of the moratorium period the prohibition of any activity shall not appl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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