TMI Blog2019 (11) TMI 1210X X X X Extracts X X X X X X X X Extracts X X X X ..... which is within the period of limitation. 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 - Application admitted. - Company Petition (IB) No. 1058/ND/2018 - - - Dated:- 2-9-2019 - Dr. Deepti Mukesh, Judicial Member And Hemant Kumar Sarangi, Technical Member Soumya Dutta, Adv. for the Applicant. ORDER Dr. Deepti Mukesh, 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 Adjudicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed various purchase orders for a supply of Steel TMT Bars. The Applicant supplied the goods as per the orders placed by Respondent and raised invoices against the said supply. The said tax invoices were duly acknowledged by the Respondent and the part payments were made by the Respondent. Various invoices from August 2016 onwards till December 2016 remained unpaid, which are annexed along with the application. 6. Inspite of various requests made and reminders sent by the Applicant, the Respondent never bothered to reply and neither paid the outstanding amount. 7. On failure to pay the outstanding dues by the Respondent, the applicant sent a demand notice dated 22.06.2018 under Section 8 of the Insolvency and Bankruptcy Cod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that default occurred on 02.12.2016. 10. The Respondent did not appear though Section 8 notice and the present application were duly served on the Respondent and proof of service filed by the applicant. This Tribunal is constrained to proceed with the matter exparte against the Respondent as per order dated 18.07.2019. 11. The applicant has filed an affidavit under Section 9(3)(b) stating that no notice of dispute from Corporate Debtor is received. 12. The applicant has attached the copy of Bank certificated issued by UCO Bank dated 27.07.2018 and also the copy of bank statement for relevant period in compliance with the requirement of Section 9(3)(c) of the IBC 2016. 13. The registered office of respond ..... X X X X Extracts X X X X X X X X Extracts X X X X
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