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TMI Blog2020 (5) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... ed its registered office from the State of Delhi to Haryana and a fresh certificate of incorporation was issued by the Registrar of Companies, Delhi & Haryana on 30.03.1992. Its registered office is at Gurugram in the State of Haryana and therefore, the mater falls within the territorial jurisdiction of this Tribunal. The certificate of incorporation of the corporate debtor is at page 37 of the petition. 3. The authorized share capital of the corporate debtor is Rs. 34,00,00,000/- and paid up share capital is Rs. 34,00,00,000/-. 4. The petition has been filed by the corporate-debtor through Ms. Asha Modi, Director, who has been authorized to file this petition under section 10 of the 'Code' vide Board resolution dated 27.03.2019 (Annexure A-1 of the petition). The petition has been filed in pursuance of the special resolution passed in the Extraordinary General Meeting of members of corporate debtor held on 23.04.2019 (Annexure A-2). The contents of the application are supported by the affidavit of Ms. Asha Modi, Director, which is at Page No. 20-22 of the paper book. 5. As per Memorandum of Association of the corporate applicant at Annexure A-7 (colly) (page-38 of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncial Creditors) Sl. No. Name & address Total debt raised Date when debt incurred Amount of default 1. YKM Holdings Pvt. Ltd. 14th Floor, Signature Tower-A, South City-1, NH-8, Gurugram-122001 6,85,00,000 05.10.2020 5,54,00,000 2. Mr. Yogendra Kumar Modi, 33, Shivji Marg, Rangpuri, New Delhi-110037 76,000 04.8.2017 76,000 TRADE PAYABLES (Operational Creditors) Sl. No. Name & address Total debt raised Date when debt incurred Amount of default 1. Department of Tele-communications, Sanchar Bhawan, New Delhi-110001 30,40,64,098 31.03.2014 30,40,64,098 2. YKM Holdings Pvt. Ltd. 14th Floor, Signature Tower-A, South City-1, NH-8, Gurugram-122001 75,30,083 01.04.2008 75,30,083 3. Audit Fees, Sales Tax and ESI payables 69,806 01.04.2008 69,806 9. The corporate debtor raised long term borrowing (Annexure A-4) to the tune of Rs. 5,54,76,000/- from two borrowers. Further, trade payables are stated to be Rs. 31,16,63,987 as per Annexure A-5 (Page 30 of the paper book). 10. Notice of this petition was issued to all the financial creditors as well as the operational creditors annexed at Annexure A-4 & A-5 of the petition. On 07.08.2019, the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ads as under:- "The corporate applicant shall, along with the application, furnish- (a) The information relating to its books of account and such other documents for such period as may be specified; (b) The information relating to the resolution professional proposed to be appointed as an interim resolution professional; and (c) The special resolution passed by shareholders of the corporate debtor or the resolution passed by at least three-fourth of the total number of partners of the corporate debtor, as the case may be, approving filing of the application." 17. Under clause (b) of section 10(3) the corporate applicant is bound to propose the name of registered Resolution Professional to be appointed as Interim Resolution Professional. We have perused the written communication in Form No. 2, Page No. 26-28 (Annexure A-3) furnished by Mr. Atul Mittal, a registered Resolution Professional with IBBI. This Form contains all the particulars provided in the Form. He has furnished his written consent and stated that currently he is serving as Liquidator in two proceedings and authorised representative in one proceeding. He has also certified that no disciplinary proceedings are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; (d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. 21. It is further directed that the supply of essential goods or services to the corporate debtor as may be specified, shall not be terminated or suspended or interrupted during moratorium period. The provisions of section 14(3) shall however, not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator and to a surety in a contract of guarantee to a corporate debtor. 22. The order of moratorium shall have effect from the date of this order till 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. 23. The Law Research Associate of this Tribunal has checked the credentials of the proposed Interim Resolution Professional and nothing has been found adverse against Mr. Atul Mittal. 24. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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