9911796707
TMI Blog2021 (6) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... ") 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 limited company registered under the provision of the Companies Act, 1956 on 10.12.2010, having CIN No. U27100GJ2010PLC081572 and having registered office at Rajkot, Gujarat. Authorised share capital of the respondent company is 3,00,00,000/- and paid-up share capital is 2,70,71,360/-. 3. The Petitioner/Operational Creditor is having office at Ahmadabad engaged in the business of Aluminium Scrap and on-demand and request of the Respondent/Corporate debtor, the petitioner had provided Aluminium Scrap during the financial year 2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h relevant annexure and Form No. 4, Copy of Ledger in the books of Operational Creditor for the financial year 2014-15 and 2015-16, Copy of Emails exchanged with the Corporate Debtor, Copy of the Legal Notice dated 02/07/2015 and complaint filed by the Petitioner before the Metropolitan Magistrate Court, an affidavit under section 9(3)(b) of the Code. 6. The Applicant/Operational Creditor further submitted that the Respondent/Corporate Debtor issued a cheque of Rs. 10,00,000/- in favour of the Applicant drawn on Central Bank of India, which was presented for clearing in June 2015. However, the said cheque was returned un-cleared on 16.06.2015. Thereafter, a notice was issued on 02/07/2015 to the respondent/corporate debtor informing and de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Sunil Metal Corporation. Accordingly, this Adjudicating Authority is allowed the prayer vide order dated 13.11.2020 made by the Applicant and directed the applicant to carry out amendment as mention above. 10. Further, the matter is listed for hearing on 23.09.2019. None appeared for the respondent. Thereafter, this Adjudicating Authority vide order dated 08.11.2019 is directed to the applicant for a paper publication wherein the registered office of the corporate debtor/respondent is situated. In compliance with the said order, the paper publication is made by the applicant on 10.01.2020 and the proof of paper publication is also filed on 18.02.2020. 11. Heard the learned Counsel for the Applicant in absence of the Respondent and p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Corporate Debtor including execution of any judgment, decree, or order in any Court of Law, Tribunal, Arbitration Panel, or other Authority. (ii) Transferring, encumbering, alienating, or disposing of by the Corporate Debtor, any of its assets or any legal right or beneficial interest therein; (iii) Any action to foreclose, recover or enforce any security interest created by the Corporate Debtor in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002(54 of 2002); (iv) the recovery of any property by an owner as lessor where such property is occupied by or in the possession of the Corporate Debtor. 16. The supply of goods and essen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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