TMI Blog2021 (8) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... by the respondent in the reply to the main company petition are not legally sustainable and liable to be rejected. The petitioner also suggested the name Mr. Adesh Kumar Gupta as Interim Resolution Professional and enclosed the consent letter given by the proposed IRP in Form-2. The company petition is complete in all respects - the company petition is liable to be admitted - moratorium declared. - C. P. No. 1400/I&B/2019 - - - Dated:- 30-6-2021 - Hon ble Shri H. V. Subba Rao, Member (Judicial) And Hon ble Shri Shyam Babu Gautam, Member (Technical) For the Applicant: Mr. Nirman Sharma, Advocate For the Respondent: Mr. S. Sadab Jan, Advocate ORDER Per : Shri Shri H. V. Subba Rao, Member (Judicial) 1. This Company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,437,947.00 30,079.00 CTPL/CI/002/15-16 21.09.2015 88,152.00 29,065.00 59,087.00 CTPL/CI/001/17-18 31.07.2017 105,616.00 105,616.00 - Debit Note CTPL/DN/001/18-19 07.07.2018 4,282.00 - 4,282.00 Invoice No. 002/13-14 06.06.2014 43,105.00 38,732.00 4,373.00 Invoice No. CTPL/CI/004 25.06.2015 51,558.00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23.01.2019 demanding for repayment of aggregating to USD 2,16,344.04 as on 19.01.2019. However, the Corporate Debtor failed to repay the aforesaid dues despite receiving 4 separate Demand Notices, nor replied to the notice same nor repay the outstanding amount. 8. The Petitioner enclosed the statements of Bank Account where deposits are made, or credits received by the Operational Creditor in respect of the debt of the corporate debtor. Issued by Bank of India (Hong Kong), OCBC Bank to say that Crab Taur PTE Ltd. has received payments from the Corporate Debtor in respect of the debt due, which are as follows; a. Bank Transaction details issued by Bank of India (Hong Kong) dated 23 May 2016 indicating payment of USD 1,160,092.89 by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sent by them and in view of the above correspondence the debt and default in this case is establish and the above company petition is liable to be admitted. We have perused the various emails sent by the Corporate Debtor submitted before this tribunal by the petitioner and as rightly contended by the petitioner the debt and default stands proved in this case and all the pleas raised by the respondent in the reply to the main company petition are not legally sustainable and liable to be rejected. The petitioner also suggested the name Mr. Adesh Kumar Gupta as Interim Resolution Professional and enclosed the consent letter given by the proposed IRP in Form-2. The above company petition is complete in all respects. 11. Under these circumst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... operty including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the Corporate Debtor. e. That the supply of essential goods or services to the Corporate Debtor, if continuing, shall not be terminated or suspended or interrupted during moratorium period. f. That the provisions of sub-section (1) of Section 14 shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. g. That the order of moratorium shall have effect from the date of pronouncement of this order till the comple ..... X X X X Extracts X X X X X X X X Extracts X X X X
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