Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2020 (9) TMI 944

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... diction to entertain and try this application. The present application is filed on the Performa prescribed under Rule 6 of the Insolvency and Bankruptcy Code, 2016 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 r/w Section 9 of the code and is complete. Considering the submission of counsel and documents on record the applicant is entitled to claim its dues, establishing the default in payment of the operational debt. Hence, the application is admitted - application admitted - moratorium declared. - Company Petition No. IB-3502/ND/2019 - - - Dated:- 29-7-2020 - Dr. Deepti Mukesh, Member (J) And Hemant Kumar Sarangi, Member (T) For Appellant/Respondant : Ravidra Kumar, Adv. ORDER .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... garwal@hotmail.com. The Authorized Share Capital of the company is 1, 00,000/- and the paid-up share capital is ₹ 1,00,000/-. 4. It is submitted that applicant entered into business transactions of selling pre form pet bottle during the period of 23.03.2016 to 12.12.2016 to the corporate debtor and raised four VAT sales invoices bearing Nos. a) T-45 dated 23.03.2016 for ₹ 94,500/-, b) T-31 dated 25.06.2016 for ₹ 57,750/-, c) T-78 dated 21.11.2016 for ₹ 54,994/- and d) T-101 dated 12.12.2016 for ₹ 56,306/- 5. The applicant submits that the following part payments were made by the corporate debtor which was credited in accounts of the applicant. a) payment of ₹ 70,000/- was received vid .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... which includes the pending value of sales of ₹ 1,43,550/- and interest of ₹ 99,713 thereon calculated at the rate of 2% per month for the period of default till September 2019. The applicant submits that the said notice had been duly served upon at the registered office of the corporate debtor as well as at its two other addresses at Modi Nagar and Sahibabad. The Copy of postal receipts and its tracking report of the said notice have been annexed herein. 8. The corporate debtor never replied to the said notice. Therefore, the Applicant filed the present Application under section 9 of IBC, 2016 and served the copy of this application which is duly delivered to the Corporate Debtor as per service affidavit through speed post a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 15. As a consequence of application being admitted and IRP name not suggested by the applicant, this Bench appoints Mr. Sanjay Garg, having email id: kronedelhi@gmail.com and registration No. IBBI/IPA-001/IP-P01865/2019-20/12919 as the Interim Resolution Professional, subject to the condition that no disciplinary proceedings are pending against him. The IRP is required to file consent Form-2 of the Insolvency and Bankruptcy Board of India (Application to Adjudicating Authority) Rule 2016 and make disclosures as required under IBBI (Insolvency Resolution Process for Corporate Persons) Regulation 2016, within a period of one week from this order. 16. As a consequence of the application being admitted in terms of Section 9(5) of IBC, 2016 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates