TMI Blog2022 (1) TMI 452X X X X Extracts X X X X X X X X Extracts X X X X ..... ved and intimated the date of hearings to the Corporate Debtor on several occasions and finally the Corporate Debtor was set to be ex-parte vide Order dated 01.11.2021. The Operational Creditor has successfully demonstrated and proved the debt and default in this case and has also proved that there is absolutely no reason for the Corporate Debtor to hold on to the payment of the invoices - this Bench is left with no option except to admit the above Company Petition, since the Company Petition in hand satisfies all necessary legal ingredients for admission under Section 9 of the Code. Petition admitted - moratorium declared. - C.P. No. 3223/IBC/MB/2018 - - - Dated:- 21-12-2021 - P.N. Deshmukh, J. (Member (J)) And Shyam Babu Gautam, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also for supply of various spare parts. The cost for providing such services and supply of such materials was mutually agreed between the Corporate Debtor and the Operational Creditor. The Operational Creditor submits that on receiving confirmation from the Corporate Debtor, the engineers of the Operational Creditor had successfully carried out the repairing work and the spare parts had also been supplied. The services rendered by the Operational Creditor to the Corporate Debtor are in the following manner:- i. Construction services rendered on 31st December, 2015 as per request made and the Invoice No. 2015-16/9016401838 dated 31st December, 2015 amounting to ₹ 54,960/- (Rupees Fifty-Four Thousand Nine Hundred Sixty Only) was i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 22nd February, 2016 being Invoice No. 9016106570 dated 22nd February, 2016 amounting to ₹ 32,927.20/- (Rupees Thirty-Two Thousand Nine Hundred Twenty-Seven and Twenty Paise Only) was issued. b. The Operational Creditor submits that the debt has arisen out of breach of contract under the provisions of the Contract Act, 1872 read with the provisions of Insolvency Bankruptcy Code, 2016. The said debt has arisen out of supply of spare parts and providing services for repairs of transmission spare parts for Caterpillar Equipment's on the basis of Purchase Order and subsequent invoices thereto. c. Further the Operational Creditor submits that a mail dated 8th February, 2016 was sent by the Corporate Debtor to the Accounts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was delivered to the Corporate Debtor. The Corporate Debtor did not file any Reply to the Demand Notice and as no dispute was raised by the Corporate Debtor under section 5(6) of the Code. h. The Operational Creditor has proposed the name of Mr. Abhijeet Jain, Registration No. IBBI/IPA-002/IP-N00173/2017-18/10445, having address at Diamond Chambers, 4, Chowringhee Lane, Block - I, 4th Floor, Room No. 4M, Kolkata - 700016, as the Interim Resolution Professional of the Respondent. He has filed his written communication in Form 2 as required under rule 9(1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 along with a copy of his Certificate of Registration. 4. No Submissions from the Corporate De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to the Corporate Debtor on several occasions and finally the Corporate Debtor was set to be ex-parte vide Order dated 01.11.2021. 7. Further, it can be seen from the email correspondences between the Corporate Debtor and the Operational Creditor that the Operational Creditor has provided services to the Corporate Debtor and also the Corporate Debtor had asked for some time to clear the outstanding dues. 8. The Operational Creditor has successfully demonstrated and proved the debt and default in this case and has also proved that there is absolutely no reason for the Corporate Debtor to hold on to the payment of the invoices. Hence this Bench is left with no option except to admit the above Company Petition, since the above Company P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncluding 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 completi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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