9911796707
TMI Blog2021 (5) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... ereinafter referred to as "the Code") read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (hereinafter to as "the Rules"), as Operational Creditor/Applicant. 2. The Respondent/Corporate debtor is a private limited company registered under the provision of the Companies Act, 1956 on 02.12.1988, having CIN U27100GJ1988PTC011587 and having registered office at Ahmedabad, Gujarat. The nominal share capital of the respondent company is Rs. 1.50 crores/- and paid-up share capital is Rs. 1.40 crores/-. 3. The Petitioner/Operational Creditor is having an office at Ahmedabad engaged in the business of supplying base metals like iron and stainless steel and other iron scrap and the respondent compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Applicant/Operational Creditor further submitted that the Corporate Debtor has confirmed the amount due by way of a confirmation letter dated 7th September 2019 on page No. 25 of the application. 7. Thereafter, the applicant/operational creditor issued a demand notice dated 20/12/2019 under section 8 of the Code in form 3 along with its annexures and Form No. 4 to the Corporate Debtor. The notice is received by the corporate debtor on 23/12/2019. The proof of delivery of notice is annexed herewith. However, the Respondent/Corporate debtor neither made the payment nor replied to the demand notice issued in Form No. 3/4. 8. Further, the respondent/corporate debtor filed a reply/objections and made the following objections. The respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iance with the said order, the operational creditor has made a Paper Publication in "Sandesh" Gujarati Newspaper on 29.09.2020 and proof of publication has been filed by the Operational Creditor on 15.10.2020. 10. The Applicant has filed an I.A. No. 68 of 2021 on 28.01.2021 for submitting fresh Authority Letter. The document is taken on record and disposed of. 11. The Applicant/Operational Creditor did not propose the name of any Resolution Professional for the appointment of IRP and let the matter discretion of this Adjudicating Authority. 12. Heard both learned Counsels of both sides and perused the documents filed. 13. On perusal of the records, it is found that the instant petition was filed on 17.02.2020. A copy of the ledger accou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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