TMI Blog2021 (2) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... Code, 2016 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 r/w Section 9 of the code and is complete. Considering the documents on records and submissions made, it is clear that the default in payment of operation debt has occurred. However, a dispute with the regards the amount of debt has been raised - This leaves no doubt that the default has occurred for the payment of the operational debt for which the invoices were raised by the applicant and the so called dispute raised by the corporate debtor is merely a moonshine dispute. As per the judgment of Hon ble Supreme Court in the case of Mobilox Innovations Private Limited Vs. Kirusa Software Private Limited [ 2017 (9) TMI 1270 - SUPREME COURT ] it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,11,110/-. The applicant is involved in the business of supply of goods with respect to the construction materials. 3. The Corporate Debtor is company limited by shares incorporated on 09/08/2010 bearing CIN No. U70100DL2010PTC206823 under the provision of Companies Act 1956. The corporate debtor has its registered office at Flat No. 203, S/F Block G2C, pocket-2, Sector-18-B, Dwarka, New Delhi South West, Delhi DL 110078 IN. The authorized share capital is ₹ 3,00,00,000/- issued, subscribed and paid up capital is ₹ 3,00,00,000/-. 4. The applicant submits that as per the requirements of the corporate debtor the applicant supplied goods such as cements, plumbing items along with sanitary products from the applicant from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the total debt outstanding is ₹ 35, 82,188.40/- (Rupees Thirty Five Lakhs Eighty Two Thousand One Hundred and Eighty Eight - Forty Paisa only) including interest of ₹ 5,97,031.40/- calculated at the rate 24% for the period of 10 months from the date of default dated 30.07.2018. 9. Before filing a reply, the corporate debtor filed an affidavit and stated that an amount of ₹ 8,99,000/- has been transferred from the corporate debtor s sister concern namely M/s Ashali Infrastructure Pvt. Ltd and payment further a payment of Rs. was ₹ 9,25,000/- was also made by the corporate debtor. The corporate debtor further undertook to pay the balance amount of ₹ 15,75,000/- on or before 31.03.2020 to the applicant. In re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... limitation. 12. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. 13. The Applicant has filed its bank statement stating that the amount claimed or any part thereof, has not been received by the applicant nor had any person, on its behalf had received in any manner the amount due to them as required u/s. 9(3)(c) of I B Code. The Applicant has filed an affidavit in compliance of section 9(3)(b). 14. The present application is filed on the Performa prescribed under Rule 6 of the Insolvency and Bankruptcy Code, 2016 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 r/w Section 9 of the code and is comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P 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 IBBI (Insolvency Resolution Process for Corporate Persons) Regulation 2016, within a period of one week from this order. 17. The application being admitted in terms of Section 9(5) of IBC, 2016, moratorium as envisaged under the provisions of Section 14(1), shall follow in relation to the corporate debtor, prohibiting as per proviso (a) to (d) of the Code. However, during the pendency of the moratorium period, terms of Section 14(2) to 14(4) of the Code shall come in force. 18. We direct the applicant to deposit a sum of ₹ 2 lacs with the Interim Resolution ..... X X X X Extracts X X X X X X X X Extracts X X X X
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