9911796707
TMI Blog2019 (6) TMI 1460X X X X Extracts X X X X X X X X Extracts X X X X ..... td. (hereinafter referred as the "corporate debtor") having CIN No. U92419DL2011PTC229377. 2. It is submitted by the operational creditor that the corporate debtor approached the operational creditor for availing consultancy and other professional services in the year 2016-17. That the operational creditor has provided consulting and other professional services to the corporate debtor which has also not been denied by the corporate debtor in its reply, and an amount of Rs. 35,00,000 (rupees thirty-five lakhs only) was to be paid to the applicant by the respondent. It is further submitted by the operational creditor, that the corporate debtor has issued cheques dated April 20, 2017 and October 20, 2017 and further issued a letter dated July ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17, 2018 the operational creditor received a detailed reply from the corporate debtor. 4. The operational creditor further represents that in the letter dated December 17, 2018 issued by the corporate debtor it has been claimed that an amount of Rs. 25,00,000 was paid to one Mr. Ritesh Vijhani in cash and only a sum of Rs. 1,00,000 remained unpaid. However, it is further represented that no payment was received from the corporate debtor after the payment of Rs. 2,00,000 which was received in cash and the cheques deposited were returned unpaid. 5. In view of lack of response by way of payment of the amount claimed in default or notice of dispute being issued to the operational creditor on the part of the corporate debtor, the present appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, on April 23, 2019 and represents that when the respondent received a notice dated October 15, 2018 sent by the operational creditor through one Mr. Siddharth Arora, advocate, within a period of 15 days from the date of receipt of the said notice, a sum of Rs. 25,00,000 was paid to one Mr. Ritesh Vijhani on behalf of the applicant and also a written acknowledgment was also signed by him, which is also annexed to the petition. It is further represented that the only liability to return is the balance amount of Rs. 1,00,000 after the operational creditor returned the cheques in its possession. However, instead of returning the cheques the operational creditor issued a legal notice dated December 3, 2018. Further, the respondent has filed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 02/ IP-N00546/2017-18/11703, e-mail : [email protected], as the interim resolution professional subject to the condition that no disciplinary proceedings are pending against such an IRP named. As a consequence of the application being admitted in terms of section 9(5) of the IBC, 2016 moratorium as envisaged under the provisions of section 14(1) and as extracted hereunder shall follow in relation to the corporate debtor : "(a) the institution of suits or continuation of pending suits or pro ceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, Tribunal, arbitration panel or other authority ; (b) transferring, encumbering, alienating or disposing of by the corporate debtor any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the moratorium shall cease to have effect from the date of such approval or liquidation order, as the case may be." 11. The applicant is directed to pay a sum of rupees two lakhs to the interim resolution professional to meet out the expenses to perform the functions assigned to him in accordance to regulation 6 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016. 12. Based on the above terms, the application/petition stands admitted in terms of section 9(5) of the IBC, 2016 and the moratorium shall come in to effect as of this date. A copy of the order shall be communicated to the operational creditor as well as to the corporate debtor above named by the registry. In ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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