TMI Blog2021 (5) TMI 499X X X X Extracts X X X X X X X X Extracts X X X X ..... 23.01.2020 has raised various disputes which arose before the issuance of the Demand Notice, however the Corporate Debtor has never appeared before the Adjudicating Authority to support its claim therefore, vide order dated 15.12.2020 the Corporate Debtor was proceeded ex-parte. Time Limitation - HELD THAT:- The date of default is 27.09.2019 which is the date of the last invoice issued which was unpaid, and the present application is filed on 16.02.2020. Hence the application is not time barred and filed within the period of limitation. Jurisdiction - HELD THAT:- The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. The Application file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess sale, purchase and installation of equipment and machines, having its registered office at C-13 Anoop Nagar, Uttam Nagar New Delhi 110059. 3. The Respondent M/s. Coracias Projects Pvt. Ltd. is a company incorporated on 10.01.2019 under the Companies Act, 2013 having its registered office at H. No. 2067 B G/F, E-II Molar Band Extn. Gali No. 57, Badarpur New Delhi 110044 and CIN U45309DL2019PTC344192 and is engaged in Building installation wherein the activities are usually performed at the site of construction, although parts of the job may be carried out in a special shop. Repair of installations are also included in the corresponding sub-classes. 4. As per the averments, the Applicant was selected as a contractor to undertake and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e speed post and registered post as on 24.01.2020. 6. The Corporate Debtor filed its reply to the demand notice on 05.02.2020 and submitted in its reply that the work order dated 10.05.2019 was never signed by the Applicant. The work order mentioned the date of completion of project as on 30.06.2019 which was extended to 15.07.2019 on the request of the Applicant, which was still pending till 04.10.2019 the project got delayed by 60 days, even after reminders vide e-mail dated 26.08.2019 and 28.08.2019 were sent to the Applicant by M/S. Denso India (P) Ltd. and through the contractor M/s. Daiichi Jitsugyo India(P) Ltd. It is further submitted by the Corporate Debtor that the ESD flooring work was rejected by M/s. Denso India Pvt. Ltd. an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Corporate Debtor vide order dated 19.11.2020 of the Adjudicating Authority. Further, it has been observed that neither a reply to the Section 9 application was filed by the Corporate Debtor nor has the Corporate Debtor ever appeared before the Adjudicating Authority. We are of the view that the Corporate Debtor in its reply to the Demand Notice dated 23.01.2020 has raised various disputes which arose before the issuance of the Demand Notice, however the Corporate Debtor has never appeared before the Adjudicating Authority to support its claim therefore, vide order dated 15.12.2020 the Corporate Debtor was proceeded ex-parte. 11. The date of default is 27.09.2019 which is the date of the last invoice issued which was unpaid, and the pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 14 of the Code is imposed forthwith in following terms: (a) the institution of suits or continuation of pending suits or proceedings against the Respondent including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; (b) transferring, encumbering, alienating or disposing of by the Respondent 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 Respondent in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; (d) the recovery of any property by an owner or l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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