TMI Blog2021 (5) TMI 391X X X X Extracts X X X X X X X X Extracts X X X X ..... , Part IV, the Corporate Debtor is liable to pay an outstanding sum of ₹ 7,82,142/- along with further interest @18% per annum with effect from 10.08.2016 of which the default has occurred on 10.08.2016 - Applicant has filed an affidavit under section 9(3)(b) dated 11.01.2019 affirming that no notice of dispute has been given by the Corporate debtor relating to dispute of the unpaid operational debt - The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. The date of default as per Form V occurred on 10.08.2016, and the present application was filed on 01.02.2019, hence the debt is not time barred and the application is filed within the peri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew Delhi-110015. 3. The Corporate Debtor is a private limited company incorporated under the provisions of Companies Act, 1956 on 09.05.2012, having CIN U15400DL2012PTC235588, inter-alia, involved in the business ofmanufacturer of foodproducts. The applicant is having its registered office at H No 3/92, Flat No 102,Upper Ground Floor, Mahaveer Enclave, Near Kali Mandir Dwarka, Delhi-110045. 4. The Applicant has stated that the corporate debtor placed an orderin July 2016 for packaging films to be used for packing for tomato ketchup and snack sauce. The applicant delivered the said material to the corporate debtor and had raised invoices from 20.07.2016 to 20.02.2017, total amounting to ₹ 7,82,142/- 5. The applicant submits th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he MCA website, which was duly delivered to the corporate debtor. The copy of the application was also duly served through speed post at its registered address as reflected on the MCA website, which returned with a remark Addressee left without instructions .Considering that the notice was sent at the registered address of the company as reflected in the MCA website and the remark Addressee left without instructions shall not be considered as not served to defeat the very purpose of service because the same can be manipulated by the corporate debtor, as observed by the Hon ble Apex Court in case of Madan And Co. V. Wazir Jaivir Chand 1989 SCC 264. The extracts from the said order is reproduced herein: We are of opinion that the con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons, could go through the motions of posting a letter to him which he knows will not be served. Such a possibility cannot be excluded. But, as against this, if a registered letter addressed to a person at his residential address does not get served in the normal course and is returned, it can only be attributed to the addressee's own conduct. If he is staying in the premises, there is no reason why it should not be served on him. If he is compelled to be away for some time, all that he has to do is to leave necessary instructions with the postal authorities either to detain the letters addressed to him for some time until he returns or to forward them to the address where he has gone or to deliver them to some other person authorised by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ating to dispute of the unpaid operational debt. 11. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. 12. The date of default as per Form V occurred on 10.08.2016, and the present application was filed on 01.02.2019, hence the debt is not time barred and the application is filed within the period of limitation. 13. In the given facts and circumstances, the present application is complete and the Applicant is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, establishing the default in payment of the operational debt beyond doubt. The present application is admitted, in terms of section 9 (5) of IBC, 2016. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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. 17. A copy of the order shall be communicated to the Applicant, Corporate Debtor and IRP above named, by the Registry. In addition, a copy of the order shall also be forwarded to IBBI for its records. Applicant is also directed to provide a copy of the complete paper book to the IRP. A copy of this order be also sent to the ROC for updating the Master Data. ROC shall send compliance report to the Registr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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