9911796707
TMI Blog2020 (6) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... cy (Application to Adjudicating Authority) Rules, 2016 (IB Rules' for short) for initiation of Corporate Insolvency Resolution Process with respect to the CD, Shree Raghuvanshi Fibres Private Limited for the unpaid Operational Debt due. 2. The Petitioner, ManishBhai Baghabhai Aahir having its address at Lane No. 2, House No. 12, Green Park Society, Jetpur Road, Nana Srkhpur, Gujarat and is engaged in the field of Cotton ginning and pressing business. The present Petition is filed by the applicant himself, i.e. ManishBhai Baghabhai Aahir to initiate Corporate Insolvency Resolution Process with respect to the Corporate Debtor. 3. The Respondent/Corporate Debtor, namely Shree Raghuvanshi Fibres Private Limited was incorporated on 3-9-200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; Total 12,21,200.00 6. It is submitted by the Operational Creditor that the total amount claimed is INR. 12,21,200.00 (Rupees Twelve Lakh Twenty One Thousand Two Hundred Only) for the goods sold to the Corporate Debtor under Tax Invoices and the Dates of Default started from 21-3-2018, 25-3-2018 & 28-3-2018. 7. It is submitted that the Operational Creditor had despatched the Demand Notice in Form No. 3 dated: 18-6-2019 to the respondent at its Registered Office by way of Speed Post, and the original postal receipt has been enclosed with the petition filed before this Hon'ble Tribunal (Page No. 35 of the Paper book) demanding the unpaid Operational Debt due of INR. 12,21,200.00 (Rupees Twelve Lakh Twenty One Thousand Two Hundred O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gate Pass Inward dated: 25-3-2018 stating the name of the supplier, Truck number, gross weight, net weight and other details along with a Weight Bridge Slip No. 1115 dated: 25-3-2018 of Shree Raghuvanshi Fibres Pvt. Ltd. for gross weight 16880 Kg, Tare weight: 6780 Kg and Net weight: 10100. A copy of the Gate pass Inward dated: 25-3-2018 is enclosed (Annexure-A5 Colly.) 10. The case was taken up by this Adjudicating Authority on 6-8-2019. The parties were represented through their respective Learned Counsels and Learned Counsels on behalf of the Respondent requested for some time to file reply/objection by serving advance copy to the Petitioner. The permission was granted by this Hon'ble Court. The matter was adjourned to 5-9-2019. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13.3 Date of first default is 21-3-2018. Respondent has admitted the default by filing an Affidavit dated:22-8-2019 by the Director of the Corporate Debtor Shri Gopal J. Shelani having office at New Sardar Marketing Yard, Shop no. A-174, 8B National Highway, Gondal Rajkot-360311, Gujarat. However, Copy of the Board Resolution of the Corporate Debtor in respect of admission of the default is not made available. 13.4 Application is filed within the limitation period as the date of default is 21-3-2018 and the date of filing this petition under section 9 of IBC is 16-7-2019. 13.5 No pre-existing dispute before the filing of this application is observed. ORDER 14. Considering the material, papers filed by the Petitioner on record and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 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. II. The supply of essential goods or services to the corporate debtor as may be specified shall not be terminated or suspended or interrupted during the moratorium period. III. The provisions of sub-section (1) shall not apply to (a) such transactions as may be notified by the Central Government in consultation with any financial sector regulator. IV. The order of moratorium shall have effect from the date of this order till the completion of the Corporate Insolvency Resolution Proces ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re statement within two days with this Registry. The Interim Resolution Professional is further directed to make public announcement of moratorium in respect of Corporate Debtor Company soon after receipt of an authenticated copy of this order and to act further as per the order/direction issued by this Adjudicating Authority and to follow the provisions section 13 and 14 and relevant provisions of the Insolvency and Bankruptcy Code. The Interim Resolution Professional shall perform all his functions contemplated, inter-alia, in sections 15, 17, 18, 19, 20 & 21 of the Code and transact proceedings with utmost dedication, honesty and strictly in accordance with the provisions of the 'Code', Rules and Regulations. It is further made ..... X X X X Extracts X X X X X X X X Extracts X X X X
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