TMI Blog2018 (8) TMI 1871X X X X Extracts X X X X X X X X Extracts X X X X ..... wledgment of the existing debt was on 18.03.2016, therefore the aforesaid amount is legally recoverable. In the absence of any real dispute, the prayer of the operational Creditor has to be admitted. Petition admitted - moratorium declared. - IB-530(ND)/2018 - - - Dated:- 2-8-2018 - SMT. INA MALHOTRA, MEMBER (J) AND SMT. DEEPA KRISHAN, MEMBER (T) For the Petitioner: Mr. Akash Vajpai, Advocate For the Respondent: Mareesh Pravir Sahay, Advocate ORDER PER SMT. INA MALHOTRA. MEMBER (J) The present petition has been filed under Section 9 of Insolvency Bankruptcy Code (hereinafter referred to as the Code ) praying for initiation of Corporate Insolvency Resolution Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the copies of the Invoices, Cheques, Bank memos. 4. In view of the Corporate Debtor's failure to respond or liquidate its liability, the present petition has been filed in the required format praying for initiation of the Corporate Insolvency Resolution Process of the Corporate Debtor. Affidavit in compliance under Section 9 (3) (b) of Code as well as Bank Statements and Invoices of the Operational Creditor are on record to corroborate their case. 5. On putting in appearance before this Bench, the defence adopted by the Corporate debtor is that the Invoices/ Bills pertain to the years 2014 and therefore are barred by limitation. It is also submitted that the interest as claimed by the operational creditor is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; (d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. Further, (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 such transactions as may be notified by the Central Government in consultation with any financial sector regulator. (4) The order of moratorium shall have effect from the date of such order till the completion of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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