TMI Blog2022 (1) TMI 453X X X X Extracts X X X X X X X X Extracts X X X X ..... Notice nor the instant Application. Moreover, despite service, there is no representation for the Respondent. Thus, there is no dispute as to the liability of the Respondent Corporate Debtor towards the Applicant Operational Creditor - The Applicant has filed an affidavit under Section 9(3)(b) of the Code to the effect that there is no notice given by the Respondent relating to the dispute of the unpaid operational debt. This Adjudicating Authority has held above that the demand notice in Form No. 3 was properly delivered by the Operational Creditor and no pre-existing dispute is proved. It has been shown that the Corporate Debtor has failed to make payment of the aforesaid amount as mentioned in the statutory notice to date. It is also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C004113 and the Registered Office of the Respondent is located at 203, Tikkar Mai Lane, Kishanpole Bazar, Jaipur-302001 (Rajasthan). As per the Master Data, the Nominal Capital of the Respondent Company is ₹ 4,25,00,000/- (Four Crore Twenty Five Lakhs Only) and the paid-up capital is ₹ 4,25,00,000/- (Four Crore Twenty Five Lakhs Only). 4. It is stated that a purchase order dated 20.05.2017 was placed with the Applicant for the supply of 1 Phase Energy Meters and as per the terms of the purchase order, the payment was required to be made within 45 days from the date of delivery. In furtherance of the purchase order, a total number of 10,000 meters were dispatched and an invoice dated 27.06.2017 was raised for ₹ 48,00,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rview of Law of Limitation as the date of default is stated to be 22.08.2017 and the Application was filed on 13.01.2020. 10. The first issue for consideration is whether the demand notice in Form No. 3 dated 05.11.2019 was properly served. The demand notice dated 05.11.2019 was sent through a registered post at the registered office of the Respondent. The postal receipt and tracking report are found to be attached on Page 251 of the Application. 11. The next issue for consideration is whether the operational debt was disputed by the Respondent. The Respondent Corporate Debtor has not filed a reply to the Demand Notice nor the instant Application. Moreover, despite service, there is no representation for the Respondent. Thus, there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esolution Professional to be appointed as Interim Resolution Professional ('IRP') but it is not obliged to do so. In the instant case, the Operational Creditor has not proposed the name of IRP. Thus, this Adjudicating Authority appoints Mr. Rajendra Singh Sunda with registration No. IBBI/IPA-002/IP-N00951/2019-2020/12989, email: rssunda@gmail.com as the IRP of the Corporate Debtor. The IRP is directed to take all such steps as are required under the statute, inter-alia in terms of Sections 15, 17, 18, 19, 20 and 21 of the Code and transact proceedings with utmost dedication, honesty and strictly under the provisions of the Code, and Rules and Regulations thereunder. 15. Consequences of initiation of CIRP shall be inter-alia as fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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