TMI Blog2019 (10) TMI 801X X X X Extracts X X X X X X X X Extracts X X X X ..... /2018 - - - Dated:- 31-1-2019 - DR. DEEPTI MUKESH HON'BLE MEMBER (JUDICIAL) For The Applicant : Mr. Achin Goel, Advocate For The Respondent : None ORDER 1. The present application is filed under Section 9 of Insolvency and Bankruptcy Code, 2016 (for brevity IBC, 2016 ) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity the Rules ) by M/s Jaswant International Private Limited (for brevity Applicant ) through Mr. Sandeep Mahajan, Ld. Chartered Accountant who is duly authorized vide Board resolution dated 17.07.2018 with a prayer to initiate the Corporate Insolvency process against M/s Callina Care O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m of ₹ 25,86,982/- is outstanding till date. First bill in default was issued on 31.01.2015 and the last bill was issued on 03.03.2016 and on 19.12.2017 the last payment was received to the tune of ₹ 50,000 [Amount arrived on basis of FIFO (First In First Out) basis of bill payment and the balance payment against the same bill still remains unpaid to the tune of ₹ 1,47,061 along with fifteen other invoices amounting to ₹ 25,86,982, exclusive of interest, from the corporate debtor. 10. The applicant has stated that total debt due and payable by the Corporate Debtor to the applicant is ₹ 40,41,763/- which includes a principal amount of ₹ 25,86,982/- on account of unpaid supplies and interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te raised by the corporate debtor under section 9(3)(b) of the IBC, 2016. 15. The applicant has attached the copy of bank statement of Oriental Bank of Commerce for the period of 28.05.2018 to 07.08.2018 in compliance with the requirement of Section 9(3)(c) of the IBC 2016. 16. The registered office of corporate debtor is situated in New Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. 17. In the given facts and circumstances, the present application is complete and the Applicant is entitled to claim its dues, establishing the default in payment of the operational debt beyond doubt, and fulfillment of requirements under section 9(5) of the Code. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. (4) 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 process period, if the Adjudicating Authority approves the resolution plan under sub-section (1) of section 31 or passes an order for liquidation of corporate debtor under section 33, the moratorium shall cease to have effect from the date of such approval or liquidation order, as the case may be. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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