TMI Blog2020 (2) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... 9; and there is default on the part of the Corporate Debtor in payment of the 'financial debt'. There is existence of default and that the application under Section 7(2) of the Code is also complete in all respect - the petitioners/financial creditors having fulfilled all the requirements of Section 7 of the Code, the instant petition deserves to be admitted. Petition admitted - moratorium declared. - C.P. (IB) NO. 272/7/NCLT/AHM/2019 - - - Dated:- 26-11-2019 - Ms. Manorama Kumari, Member (J) And Chockalingam Thirunavukkarasu, Member (T) Arjun Padhiyar and Ms. Natasha Dhruman Shah for the Petitioner. Harmish K. Shah for the Respondent. ORDER Ms. Manorama Kumari, 1. Ms. Divya B. Jain, being author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... capital of the respondent company is ₹ 75,00,00,000/- and paid up share capital is ₹ 71,25,72,000/-. 7. As per the joint petition filed by the aforesaid four petitioners, on the basis of note, unsecured loan as per the table (Annexure 3) have been sanctioned to the corporate debtor of which details are given below:- Name of financial creditor Amount of loan Date of sanction Rate of interest per annum Date of default Total amount of claim including interest Clematis Trading company 2,24,31,000 31.12.2013 17.5% 31.12.2017 5,43,58,081 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11-14 2 Authorisation in favour of Ms. Divya B. Jain to submit application on behalf of financial creditors and to accept the service of process. 15-18 3 Computation sheet of claim as on 28.02.2019 19 4 Latest and complete copy of the financial contract reflecting all amendments and waivers Entries in bankers book in accordance with the Bankers Books Evidence Act, 1891 20-45 5 Entries in the bankers book in accordance with the Bankers Books Evidence Act, 1891 46-49 6 List of other document ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and the prescribed fee has also been paid. Along with the application, the applicant proposed the name of the Resolution Professional The applicant/operational creditor has proposed the name of Mr. Vinod Kumar Pukhraj Ambavat to act as Interim Resolution Professional. Therefore, the Adjudicating Authority hereby appoint Mr. Vinod Kumar Pukhraj Ambavat, 40/9/15, Morarji Velji Building, 1st Floor, Doc. MB Velkar Street, Kalbadevi Road, Mumbai 400 002 having registration No. IBBI/IPA-001/IP-P00420/2017-18/10743 to act as an interim resolution professional under Section 13(l)(c) of the Code. Form 2 of the proposed interim resolution professional has been annexed and placed at page Nos. 153-155 to the application where declaration is made that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the supply of goods and essential services to the Corporate Debtor, if continuing, shall not be terminated or suspended or interrupted during moratorium period. The provisions of sub-section (1) shall, however, not apply to such transaction as may be notified by the Central Government in consultation with any financial sector regulator. 20. The order of moratorium shall have effect from the date of receipt of authenticated copy of this order till the completion of the corporate insolvency resolution process or until this Bench approves the resolution plan under sub-section (1) of Section 31 or passes an order for liquidation of corporate debtor under Section 33 as the case may be. 21. This Petition stands disposed of accordingly with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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