TMI Blog2018 (11) TMI 1803X X X X Extracts X X X X X X X X Extracts X X X X ..... equirements under section 9(5) of the Code. Hence, the present application is admitted. Application admitted - moratorium declared. - Company Petition No. IB- 1059/ND/2018 - - - Dated:- 26-11-2018 - Dr. Deepti Mukesh Hon ble Member (Judicial) For the Applicant: Mr. Arun Batra, Advocate Ms. Neha, Advocate Authorized Representative /Director Shri. Pankaj Agarwal For The Applicant/ Operational Creditor ORDER 1. The present application is filed under Section 9 of Insolvency and Bankruptcy Code, 2016 (for brevity IBC, 2016 ) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity the Rules ) by M/s Concord Infrastructure Pvt. Ltd. (for brevity Applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs and executed an agreement dated 07.11.2014 for said project. 9. It is claimed by the applicant that aforesaid construction/ agreement was duly executed to the satisfaction of the Corporate Debtor, and pursuant thereto various invoices were raised by the Operational Creditor, details of which are as follows: DATE INVOICE NO. AMOUNT (Rs.) 31.03.2015 RA 01 4,69,02,036/- 07.05.2015 RA 02 1,25,08,823/- 08.07.2015 RA 03 60,56,438/- 23.05.2016 RA 04 1,44,11,174/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the appeal. 13. The Applicant thereafter requested the Corporate Debtor to clear the outstanding amount, however, Corporate Debtor neglected and failed to pay the unpaid debt of the Applicant. Since no payment was forthcoming hence a notice under Section 8 of the Insolvency and Bankruptcy Code was issued on 16.07.2018 to the Corporate Debtor. 14. Despite the demand notice sent under Section 8 of the Code, the Corporate Debtor has failed to pay the amount demanded nor has replied to the demand notice raising any dispute, hence this application, seeking to unfold the process of CIRP. 15. This Tribunal is constrained to proceed with the matter exparte in relation to the Corporate Debtor since Corporate Debtor has not appeared th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orce any security interest created by the corporate debtor in respect of its property including any action 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. However, during the pendency of the moratorium period in terms of Section 14(2) and 14(3) as extracted hereunder: (2) 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. (3) The provisions of sub-section (1) shall not apply to- a. such transaction as may be notified by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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