9911796707
TMI Blog2019 (10) TMI 1218X X X X Extracts X X X X X X X X Extracts X X X X ..... r, viz., M/s. Pranay Dye Chem, through its Partner Mr.Prashant J. Lapasia, seeking initiation of Corporate Insolvency Resolution Process (hereinafter referred to as "CIRP") in respect of M/s. Radhey Foam Pvt. Ltd. (hereinafter referred to as "Corporate Debtor company"). 2. The Corporate Debtor Company, M/s. Radhey Foam Pvt. Ltd., is a company which is registered under the Companies Act, 1956 and having its registered office at Plot No. 143-44, Block N0.166/B, Om Textiles Park-3, Parab Village, Taluka-Kamrej, Surat-394 325, Guajrat, vide CIN: U17214GJ2013PTC073983, date of incorporation 14th March, 2013. The corporate debtor company is engaged in the business of chemicals and dyes. 3. The Nominal Share Capital of the respondent-corporate d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... attached to the Demand Notice. Date from which such debt fell due: the above amount fell due on 11th July, 2015. Particulars of Operational Debt is annexed at Exhibit- "1" to this Application. 2 Amount claimed to be in default and the date on which the default occurred (Attach the workings for computation of amount and dates of default in tabular form) Sr No Date Invoice No amount 1 11.06.2015 PD/188 20,78,862/- Total 20,78,862/- Less: Amount Recieved 5,00,000/- On 8th October, 2015 Net Outstanding amount 15,78,862/- Total Outstanding amount of default: Rs. 15,78,862/- (Rupees Fifteen Lakhs Seventy Eight Thousand Eight Hundred Sixty Two only) plus interest @ 24% per annum aggregating to Rs. 27,45 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 14 of the Insolvency and Bankruptcy Code, 2016. 8. While the present petition was filed on 16th July, 2018. This Adjudicating Authority issued direction to the petitioner to serve notice to the respondent - corporate debtor company by informing about the date of hearing along with a copy of the present I & B Petition and to file proof of service. However, such service as made by the petitioner returned with postal remark "not found". Thereafter, a substituted service by way of paper publication was directed to be effected in respect of the Respondent- Corporate Debtor. Despite this paper publication, none appeared for the respondent. Hence, this Adjudicating Authority proceeded further to deal with the present petition as per merits f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the institution of the petition is Rs. 27,45,941/-. 8. Thereafter the petitioner stated that the present petition is filed well within the period of limitation as the period of limitation will start from the date of the last payment made by the Respondent, i.e. 08.10.2015. 9. Before institution of the present petition, Form No.4 was issued by the Petitioner as per the provisions of Insolvency and Bankruptcy Code, 2016 ('the Code' for the sake of brevity). The said form was served along with copy of invoice (amount for which has remain outstanding) on 24th May 2018. The said form was served via Registered Post A.D. upon Respondent company at its registered office which is evident by the acknowledgment slip as well as tracking r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce, it is hereby admitted. 13. In view of the Circular of Insolvency and Bankruptcy Board of India, by providing a panel of Insolvency Professionals to this Bench of NCLT, which meant for Gujarat. This Adjudicating Authority is required to appoint an Insolvency Professional from such panel in a case where no name of Insolvency Professional is proposed by the Operational Creditor. 14. Hence, this Adjudicating Authority hereby appoints Mr.Bhavan Trivedi, having Insolvency Professional Registration. No.IBBI/ IPA-001/IP-P00335/2017- 18/10605, (E-mail ID : bhavant@ yahoo.com, Mobile No.9824094617 as an Interim-Resolution-Professional subject to willingness of the I.R.P. and further confirmation received from the I.B.B.I. 15. This Adjudicatin ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
