TMI Blog2019 (2) TMI 1831X X X X Extracts X X X X X X X X Extracts X X X X ..... a, where the petitioner is maintaining its account is also filed and there is also a certificate from the bank, Annexure A-7, to the effect that no credits have been received from the respondent in the account of the petitioner from March 2014 till 20.11.2017. All the ingredients of clause (i) of sub-section (5) of Section 9 of the Code stand fulfilled as the application is found to be complete in all respects - Petition admitted. The matter be now posted on 22.02.2019 for passing of formal order of declaration of moratorium and appointment of Interim Resolution Professional. - CP (IB) No.288/Chd/Pb/2018 - - - Dated:- 18-2-2019 - Hon ble Mr. Justice R.P.Nagrath, Member (Judicial) And Hon ble Mr. Pradeep R.Sethi, Member (Technical) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Tribunal. Copy of the master data of the respondent-corporate debtor is at Annexure A-2. 3. The facts of the case, briefly stated, are that the petitioner operational creditor is in the business of manufacturing and dealing of all kind of paper including fly ash and chemically treated paper and pulp of all kind including drinking straws. The parties entered into the commercial dealings in the year 2008 and the petitioner supplied the goods worth ₹26,23,564/- in all. The respondent-corporate debtor issued a debit note of ₹2,22,307/-. The respondent-corporate debtor paid only an amount of ₹16,70,566/-, but after few months, it stopped making the payments to the petitioner. The outstanding amount against the responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said to have been sent to the respondent as well as the Directors of the respondent-corporate debtor. The notice was delivered to the respondent-corporate debtor on 28.05.2018, as per the tracking report of the Postal Department as at Page 180 of the paper book. The notice is also said to have been delivered at two other addressess, for which the tracking reports have been filed. The petitioner also filed the affidavit of the Authorized Representative of the petitioner, stating therein that the demand notice had been duly served upon the respondent-corporate debtor and its Directors. 7. The learned counsel submits that the petitioner has also filed an affidavit as at Page 11 of the paper book stating therein that no notice was given by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on from the respondent. That is how the respondent-corporate debtor is ex-parte. 10. We have heard the learned counsel for the petitioner and perused the records quite carefully. 11. The learned counsel for the petitioner contends that earlier also the petitioner had filed an application under Section 9 of the Code, which was registered as CP(IB) No.25/Chd/Hry/2018, but since the amount in default mentioned in that application was as per the invoices and ledger account, despite there being a Civil Court decree, the said petition was withdrawn with liberty to the petitioner to file fresh petition on the same cause of action. Copy of order dated 11.05.2018 passed by this Tribunal, granting the aforesaid liberty is at Annexure A-13. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eived from the respondent in the account of the petitioner from March 2014 till 20.11.2017. 15. The petitioner being an operational creditor is not obliged to propose the name of Resolution Professional to be appointed as Interim Resolution Professional, so the appointment in case of admission of petition, can be made in terms of sub-section (3)(a) of Section 16 of the Code. 16. All the ingredients of clause (i) of sub-section (5) of Section 9 of the Code stand fulfilled as the application is found to be complete in all respects. 17. In view of the above, the instant petition under Section 9 of the Code is admitted. The matter be now posted on 22.02.2019 for passing of formal order of declaration of moratorium and appointment of In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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