TMI Blog2020 (12) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... ther process for initiation of CIRP was followed by the Operational Creditor or not. On verification of records, it is noted that the claim amount in this application is ₹ 25,24,067/- and the cause of action arose before March 2020. Therefore, in all counts the instant Application deserves to be Admitted. This Tribunal is of the view that the present application is complete and the Applicant is entitled to claim its dues, which remain unpaid by the Corporate Debtor. Application admitted - moratorium declared. - IBA/24/KOB/2020 - - - Dated:- 26-11-2020 - Hon ble Shri Ashok Kumar Borah, Member (Judicial) For the Operational Creditor : Shri Thomas P. Kuruvilla, Advocate For the Corporate Debtor : No representation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ational Creditor. The Corporate Debtor also issued post-dated cheques which were dishonoured on submission for payment. iii. Copy of Cheque No: 000345 dated 15.12.2018 for ₹2,62,000/-, Cheque No: 000343 dated 01.01.2019 for ₹2,62,000/-, Cheque No: 000350 dated 28.03.2019 for ₹ 5,00,000/-, Cheque No: 000348 dated 31.03.2019 for ₹ 7,00,000/-, Cheque No: 000349 dated 01.04.2019 for ₹ 8,00,000/- along with respective cheque dishonour memos are produced in Page Nos. 64-68 of the application. iv. The Operational Creditor issued a legal notice dated 25.04.2019 states that the Operational Creditor will proceed under Section 138 of the Negotiable Instruments Act ,1881. v. Due to continuous failure of the Corpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the postal remarks that addressee not found . This Tribunal vide order dated 23.06.2020 directed the Operational Creditor to send notice to the Corporate Debtor through email. It was also directed to issue paper publication in two largely circulated local dailies (one each in English and Malayalam) and submit proof of such publication. The Operational Creditor filed an affidavit stating that the email issued to Corporate Debtor bounced back with the reason because the domain namboothiris.in could not be found. They have also filed proof of making paper publication in Indian Express Newspaper in English and Deepika Newspaper in Malayalam. Even after the aforesaid publication, the Corporate Debtor has neither appeared before this Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tribunal, arbitration panel or other authority; b) transferring, encumbering, alienating or disposing off by the Corporate Debtor any of its assets or any legal right or beneficial interest therein; c) any action to foreclose, recover or enforce any security interest created by the Corporate Debtor in respect of its property including any action under the Securitisation 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. 7. It is further directed that the services to the Corporate Debtor, if continuing, shall not be terminated or suspended or interrupted during ..... X X X X Extracts X X X X X X X X Extracts X X X X
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