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2020 (11) TMI 246

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..... btor. In view of this, there are no reason to reject the application. The Operational Complied the provision of Section 9(3)(b) and Section 9(3)(c) of the I.B. Code, by filing an affidavit stating that it did not received the amount of claim and no reply from the Corporate Debtor or received any pendency of dispute relating the same - application admitted - moratorium declared. - CP (IB) No. 809/9/NCLT/AHM/2019 - - - Dated:- 26-8-2020 - M. B. Gosavi , Member ( J ) And Virendra Kumar Gupta , Member ( T ) For the Appellant : Natasha Dhruman Shah , Advocate ORDER M.B. Gosavi, Member (J) 1. M/s. Tijaria Polypipes Pvt. Limited - Operational Creditor has filed this application under Section 9 of the Insolvency and Bankrupt .....

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..... wn period by the Government due to pandemic of COVID-19 virus. 6. The record reveals that the Operational Creditor produced all invoices raised against the Corporate Debtor where under, bricks were sold and delivered or service rendered. It has also proved from the evidence of record that notice under Section 8 of the I.B. Code, 2016 has been served on Corporate Debtor. In view of this, we see no reason to reject the application. 7. The Operational Complied the provision of Section 9(3)(b) and Section 9(3)(c) of the I.B. Code, by filing an affidavit stating that it did not received the amount of claim and no reply from the Corporate Debtor or received any pendency of dispute relating the same. 8. The Operational Creditor did not .....

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..... tion Process or until this Adjudicating Authority approves the Resolution Plan under sub-section (1) of the Section 31 or passes an order for liquidation of Corporate Debtor Company under Section 33 of the Insolvency Bankruptcy Code, 2016, as the case may be. 4. We hereby appoint Mr. Sachin Bhatbhatt having Registration No. IBBI/IPA-003/IP-N000138/2017-18/11514, Resi: A-103, Yogiraj Villa 2, Kunal Char Rasta, Nr. Signat Plaza, B/h. Iscon Heights, Gotri Laxmipura Road, Gotri, Vadodara - 390023, to act as an IRP under Section 13(1)(c) of the Code. He shall conduct the Corporation Insolvency Resolution Process as per the provision of Insolvency and Bankruptcy Code, 2016 r.w. Regulation made thereunder: 5. The IRP shall perform all his .....

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..... weeks from the date of receipt of this order for the purpose of smooth conduct of Corporate Insolvency Resolution Process (CIRP) and IRP to file proof of receipt of such amount to this Adjudicating Authority along with First Progress Report. Subsequently, IRP may raise further demands for Interim funds, which shall be provided as per Rules. 9. The Registry is directed to communicate a copy of this order to the Operational Creditor, Corporate Debtor and to the Interim Resolution Professional and the concerned Registrar of Companies, after completion of necessary formalities, within seven working days and upload the same on website immediately after pronouncement of the order. 10. Accordingly, CP (IB) No. 809/9/NCLT/AHM/2019 stands adm .....

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