TMI Blog2019 (11) TMI 1528X X X X Extracts X X X X X X X X Extracts X X X X ..... ructure Private Company is registered under Companies Act, 1956 on 21.04.1997 having CIN: U70101OR1997PTC004900. The nominal Share Capital of the Respondent/Corporate Debtor is ₹ 1,50,00,000/- and Paid Up Share Capital is ₹ 1,50,00,000/-. 3. This application was originally filed before NCLT, Kolkata Bench, numbered as CP(IB) No. 1538/KB/2018. After constitution of this bench, the matter was transferred and re-numbered as TP No. 09/CTB/2019. 4. The transactions were of the year February 2018 to June 2019. Hence, the claim within the period of limitation. 5. The registered office of the Respondent/Corporate Debtor is within the state of Odisha, hence, this Adjudicating Authority has jurisdiction. 6. This application is filed for the recovery of the debt of an amount of ₹ 27,95,297/- out of which ₹ 26,54,747/- is stated to be due as on 30.06.2018 as principal amount and ₹ 1,40,550/- on account of interest @ 18% p.a. for overdue invoices up to 14.09.2018, and further interest till the date of re-payment by the Respondent/Corporate Debtor. In para 9 of the reply, the Corporate Debtor admits Debt . The Corporate Debtor states that due to slow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bill No-8000047 dated 16.03.2018 for 23,911/- (xxx) Bill No- 8000044 dated 16.03.2018 for 15,014/- (xxxi) Bill No-8000046 dated 16.03.2018 for 16,082/- (xxxii) Bill No- 8000048 dated 16.03.2018 for 23,848/- (xxxiii) Bill No- 8000049 dated 17.03.2018 for 23,911/- (xxxiv) Bill No-8000051 dated 18.03.2018 for 22,638/- (xxxv) Bill No-8000055 dated 18.03.2018 for 13,115/- (xxxvi) Bill No-8000056 dated 18.03.2018 for 9,815/- (xxxvii) Bill No- 8000058 dated 18.03.2018 for 20,079/- (xxxviii) Bill No- 8000059 dated 18.03.2018 for 20,223/- (xxxix) Bill No-8000060 dated 18.03.2018 for 19,860/- (xl) Bill No-8000062 dated 20.03.2018 for 15,513/- (xli) Bill No-8000063 dated 20.03.2018 for 15,916/- (xlii) Bill No-8000130 dated 31.03.2018 for 22,873/- (xliii) Bill No-8000122 dated 31.03.2018 for 24,228/- (xliv) Bill No- 8000123 dated 31.03.2018 for 23,966/- (xlv) Bill No- 8000124 dated 31.03.2018 for 24,092/- (xlvi) Bill No- 8000125 dated 31.03.2018 for 23,902/- (xlvii) Bill No- 8000126 dated 31.03.2018 for 22,539/- (xlviii) Bill No- 8000127 dated 31.03.2018 for 23,352/- (xlix) Bill No- 8000128 dated 31.03.2018 for 22,927/- (l) Bill No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12,763/- (xci) Bill No- 1817100078 dated 25.04.2018 for 23,433/- (xcii) Bill No- 1817100025 dated 25.04.2018 for 13,001/- (xciii) Bill No- 1817100019 dated 25.04.2018 for 12,219/- (xciv) Bill No- 1817100026 dated 26.04.2018 for 18,918/- (xcv) Bill No- 1817100029 dated 26.04.2018 for 18,828/- (xcvi) Bill No- 1817100030 dated 26.04.2018 for 12,928/- (xcvii) Bill No- 1817100031 dated 26.04.2018 for 19,117/- (xcviii) Bill No- 1817100027 dated 26.04.2018 for 23,424/- (xcix) Bill No- 1817100028 dated 26.04.2018 for 14,657/- (c) Bill No- 1817100033 dated 27.04.2018 for 22,936/- (ci) Bill No- 1817100034 dated 27.04.2018 for 20,020/- (cii) Bill No- 1817100036 dated 28.04.2018 for 14,680/- (ciii) Bill No- 1817100037 dated 28.04.2018 for 23,496/- (civ) Bill No- 1817100038 dated 28.04.2018 for 20,489/- (cv) Bill No- 1817100062 dated 28.04.2018 for 19,731/- (cvi) Bill No- 1817100039 dated 28.04.2018 for 13,659/- (cvii) Bill No- 1817100046 dated 28.04.2018 for 12,939/- (cviii) Bill No- 1817100041 dated 29.04.2018 for 23,514/- (cix) Bill No- 1817100042 dated 29.04.2018 for 20,390/- (cx) Bill No- 1817100043 dated 29.04.2018 for 12,599/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 132 dated 12.05.2018 for 12,848/- (cli) Bill No- 181700131 dated 12.05.2018 for 14,260/- (clii) Bill No- 181700163 dated 12.05.2018 for 20,601/- (cliii) Bill No- JE40900046 dated 30.06.2018 for 1,93,181/- RECEIVE AMOUNT FROM RESPONDENT Dated 31.03.2018 received 4,768/- Dated 06.04.2018 received 2,81,844/- Dated 02.05.2018 received 15,026/- Dated 02.05.2018 received 24,959/- Dated 02.05.2018 received 25,031/- Dated 02.05.2018 received 8,743/- Dated 02.05.2018 received 5,863/- 8. The applicant/Operational Creditor states that the respondent/Corporate Debtor always made part payment in respect of purchases that was made by them. The last of such part payment was made on 06.04.2018. The ledger of the applicant/Operational Creditor from 19.02.2018 to 01.09.2018 reflecting the invoices and part payment received are filed before this Adjudicating Authority. 9. The applicant states that after adjustment of all such aforesaid part payments and credit notes against various invoices raised against the supplies, the balance amount of ₹ 26,54,747/- remained due and payable by the respondent/Corporate Debtor as on 30.06.2018, which was confirmed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Securitization 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 possession of the Corporate Debtor. (iv) 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. (v) The provisions of sub-section (1) shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. (vi) The order of moratorium shall affect the date of admission till the completion of the Corporate Insolvency Resolution Process. Provided that where at any time during the corporate insolvency resolution process period, if the Adjudicating Authority approves the resolution plan under sub-section (1) of Sec. 31 or passes an order for liquidation of corporate debtor under Sec. 33, the moratorium shall cease to have effect from the date of such approval or liquidation order, as the case may be. (vii) Necessary public announcement as per Sec. 15 of the IBC, 2016 may be made by the R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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