9911796707
TMI Blog2018 (5) TMI 2100X X X X Extracts X X X X X X X X Extracts X X X X ..... eel Casting Ltd. (for brevity 'the Company'), by Amrit Steels. 2. The applicant is a proprietary concern of proprietor Mr. Sandeep Agarwal, having office of business at Rainbow Road, Near Bharat Steel Rolling Mills, Muzaffarnagar251003, who is engaged in the business of supply of old iron scrap. 3. The Corporate Debtor is incorporated on 19.07.2005 with CIN U27 106DL2005PLC138820 having registered office at Unit No. 101, 1st Floor, V4 Tower, Plot No. 14, Community Centre, Karkardooma, Delhi 110092. 4. It is the case of the Applicant that the Corporate Debtor had approached it for supply of old iron scrap. Upon instruction from the Corporate Debtor vide its various purchase orders, the Applicant supplied old iron scrap to the Corporate De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al. 9. The Applicant has not filed the bank certificate as required u/s. 9(3)(c) of I&B Code relying on the order dated 15.12.2017 passed by Hon'ble Supreme Court in the matter of Macquarie Bank Limited Vs. Shilpi Cable Technologies Ltd. 10. The applicant has also filed affidavit under section 9(3)(b) regarding neither payments being received nor raising of dispute from the Corporate Debtor. 11. Since the amount of debt claimed is Rs. 2,54,84,828/- which is above 1 lakh and the default occurred on 24.07.2017, the debt is not time barred and the application is filed within the period of limitation. 12. As the registered office of the Corporate Debtor is in Delhi, so the matter falls within the territorial jurisdiction of this Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ree or order in any court of law, tribunal, arbitration panel or other authority; (b) transferring, encumbering, alienating or disposing of by the corporate debtor 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 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; (d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. However, during the pendency of the moratorium period in terms of Section 14(2) and 14(3) as extracted hereunder ..... X X X X Extracts X X X X X X X X Extracts X X X X
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