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TMI Blog2021 (2) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... d by Mr. Mitesh Kumar, being the Director of Construmart Online Private Limited (for brevity 'Applicant') authorized vide board resolution dated 24.05.2019 with a prayer to initiate the Corporate Insolvency process against Maxworth Infrastructures Private Limited (for brevity ('Corporate Debtor'). 2. The Applicant is a company limited by shares incorporated on 09/06/2016 bearing on CIN No. U74999HR2016PTC64482 under the provisions of Companies Act 2013. The applicant has its registered office at Unit-630, 6th Floor, Universal Trade Tower, Sohna Road Gurgaon, HR-122018 IN. The authorized share capital is Rs. 25,00,000/- and paid up capital is Rs. 11,11,110/-. The applicant is involved in the business of supply of goods with respect to the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directors and personal address of the directors have been reflected on the MCA website. Further the notice was also served at the address mentioned on the invoices where the goods were supplied. The Copies of postal receipts and its tracking reports has been annexed. 7. 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 the application which was duly served through speed post as per the service affidavit filed. The copies of receipts of speed post and tracking reports have been annexed. 8. As per Form V, the total debt outstanding is Rs. 35, 82,188.40/- (Rupees Thirty Five Lakhs Eighty Two Thousand One Hundred and Eighty Eight - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adjust the amount outstanding in the books of the applicant where the closing balance stood at Rs. 47, 44, 318.22/-. After the payment made from the sister concern the ledger accounts were communicated by the applicant by email dated 15.03.2019 and 04.04.2019. c) The applicant submits that the corporate vide email dated 05.04.2019 sent a reply to the applicant and admitted the liability. A copy of email is annexed. 11. The date of default is 30.07.2018 and the present application is filed on 28.06.5019. Hence the application is not time barred and filed within the period of limitation. 12. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not moonshine and the husk needs to be separated from the grain. The applicant is entitled to claim the dues which is still outstanding and has remained unpaid till date. Therefore, the applicant is admitted. 16. Since the applicant has not proposed the name of the IRP hence the court appoints, Mr. Rahul Jain having email id: [email protected] mobile no. 9871552902 and registration no. IBBI/IPA-001/IP-P02078/2020- 2021/13219 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 IB ..... X X X X Extracts X X X X X X X X Extracts X X X X
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