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2017 (6) TMI 1307

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..... oresaid material on record it can be said that the debt is due to the operational creditors from the corporate debtor and corporate debtors made default in making repayment of the said debt - Petitioner stated the name of the insolvency professional and filed his written communication. Petitioner also issued demand notice as required by section 8(1), read with Rule 5, of the Rules and served the same on the respondent. There is an occurrence of default in repayment to the operational creditor by corporate debtor and the corporate debtor made default in making repayment of the said debt. Application admitted - moratorium declared - Interim Resolution Professional appointed. - CP (IB) No. 29/9/NCLT/AHM/2017 - - - Dated:- 6-6-2017 - .....

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..... nnum. 4. Petitioner operational creditors issued demand notice dated 18.04.2017 to the respondent corporate debtors in Form - 3 enclosing copies of invoice demanding the respondent to pay outstanding amount immediately. In the demand notice, petitioner also asked the respondent that he can dispute the expenses the existence or amount of unpaid operational debt. The said notice was despatched to the respondent on 20.04.2017 and as per the track report it was delivered on 22.04.2017. Thereafter, petitioner filed this petition before this authority on 24.05.2017 after serving a copy of the notice on the respondent by speed post on 20.05.2017. 5. The matter is listed on the Board before this bench for the first time on 26.05.2 .....

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..... unts from 01.04.2016 to 31.03.2017 an amount of ₹ 41,84,270/- is outstanding against respondent. Petitioner stated that no notice of dispute has been given by respondent. From the aforesaid material on record it can be said that the debt is due to the operational creditors from the corporate debtor and corporate debtors made default in making repayment of the said debt. 9. Petitioner stated the name of the insolvency professional and filed his written communication. Petitioner also issued demand notice as required by section 8(1), read with Rule 5, of the Rules and served the same on the respondent. There is an occurrence of default in repayment to the operational creditor by corporate debtor and the corporate debtor made def .....

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..... so directs the operational creditor to make a public announcement in terms of Clause (b) of sub-section (1) of Section 13 of the Code. 15. In view of the commencement of the Insolvency Resolution Process with the admission of this Petition and appointment of the Interim Resolution Professional, this Adjudicating Authority hereby passes the order declaring moratorium under Section 13(l)(a) prohibiting the following as laid down in Section 14 of the Code:- (i) the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; (ii) transferring, encumbering, alie .....

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