TMI Blog2021 (5) TMI 785X X X X Extracts X X X X X X X X Extracts X X X X ..... vered to the Corporate Debtor on 19.09.2019. The tracking report is filed, which mentions 'Shipment Delivered' at the registered address as per master data. The Corporate Debtor has neither raised any dispute to the aforesaid notice nor made any payment towards the outstanding dues - The Corporate Debtor has neither filed any reply nor appeared before the bench. The corporate debtor was proceeded ex-parte on 03.12.2020. Time Limitation - HELD THAT:- As per Form V, Part IV, the Corporate Debtor is liable to pay an outstanding sum of ₹ 1,55,79,348/-. Though the specific mention about the date of default is not mentioned in part IV, the last invoice is of 26.06.2019 and as per the terms of the invoice the payment was to be m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gia who has been duly authorized vide board resolution dated 02.05.2019(for brevity 'Applicant') with a prayer to initiate the Corporate Insolvency process against M/s. Sare Facilities (Gurgaon) Services Private Limited (for brevity 'Corporate Debtor'). 2. The Applicant is a private limited company incorporated under the provisions of Companies Act, 1956 on 01.11.2002, having CIN U74140DL2002PTC117573, inter-alia, involved in the business of providing property management services. The applicant is having its registered office at 1110, Level 11, Ashoka Estate 24 Barakhamba Road, New Delhi-110001. 3. The Corporate Debtor is a private limited company incorporated under the provisions of Companies Act, 1956 on 15.09.2010, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant further submits that the debt has fell due on account of non-payment of invoices raised against services rendered under the said Agreement and LOI. 6. The applicant issued a demand notice under section 8 in Form 4 of I B Code (Under Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 on 18.09.2019. The said notice was sent by Speed Post at the registered address of the corporate debtor as reflected in the master data, which is duly delivered to the Corporate Debtor on 19.09.2019. The tracking report is filed, which mentions 'Shipment Delivered' at the registered address as per master data. The Corporate Debtor has neither raised any dispute to the aforesaid notice nor made any pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. 12. 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. 13. Since the Applicant has not named the Insolvency Resolution Professional, we hereby appoint Mr. Bikram Singh Gusain, with registration number IBBI/IPA-002/IP-N00011/2016-17/10015 (email-bikramgusain@gmail.com) as IRP subject to the condition that no disciplinary proceedings are pending against such an IRP named who may act as an IRP in relation to the CIRP of the Respondent and specific consent should ..... X X X X Extracts X X X X X X X X Extracts X X X X
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