TMI Blog2020 (5) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... rosene in place of aromatic spirit to substantiate the argument of per existing dispute between the parties. It is further observed that the invoices raised by the Operational Creditor mention the relevant date and the rate of Interest 18%. The present petition being filed in July, 2019 is within the limitation, being within three years from the date of the cause of action - Petition admitted - moratorium declared. - (IB)-1587 (ND) 2019 - - - Dated:- 9-12-2019 - Ms. INA Malhotra, Judicial Member And Ms. Sumita Purkayastha, Technical Member For the Petitioner : Manish Raghav, Adv. For the Respondent : Nandini Nagar and Saurabh Kalia, Advs. ORDER MS. SUMITA PURKAYASTHA, TECHNICAL MEMBER. 1. The present pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of Corporate Insolvency Resolution Process of the Corporate Debtor for its inability to liquidate their claim of ₹ 59,00,006/- plus interest charged at 18% from the relevant due date till the date of payment. 5. The present petition has been filed in the required format praying for initiation of the Corporate Insolvency Resolution Process of the Corporate Debtor. Affidavit in compliance under section 9(3)(b) and 9(3)(c) of Code are on record to corroborate his case. 6. Consequent to the issuing of notice by this Tribunal the Corporate Debtor filed a reply on 28-9-2019 in which the following contentions have been taken: i. The alleged notice under section 8 of the Insolvency Bankruptcy Code, 2016 read with Rule 5 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itor and the Respondent with regards to 18% interest which is allegedly payable by the Respondent. 7. After hearing the arguments of the Learned Counsels for the parties, the order was reserved by this Court of 05-11-2019. The Operational Creditor has also submitted their written submission which have been gone through by us alongwith the documents on record. And after hearing the Learned Counsels for the parties and after pursuing the records as well as the written submission, we are of the considered opinion that the Corporate Debtor has not submitted any document with respect to any communication between the Corporate . Debtor and M/S. Yes Corporation pursuant to the fact that kerosene was delivered in place of aromatic spirit which w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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. Further: (2) The supply of essential goods or services to the corporate debtor as maybe specified shall not be terminated or suspended or interrupted during moratorium period. (3) The provisions of sub-section (1) shall not apply to such transactions as maybe notified by the Central Government in consultation with any financial sector regulate. (4) The order of moratorium shall have effect from the date of such order till the completion of the corporate insolvency resolution process: Provided that where at any time during t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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