9911796707
TMI Blog2022 (3) TMI 407X X X X Extracts X X X X X X X X Extracts X X X X ..... ayastha, Member (T) ORDER Sumita Purkayastha, Member (T) 1. This is an application filed by Dalip Narinder Gupta, sole proprietor of M/s. Gem International, the applicant/operational creditor seeking (for brevity Operational Creditor) to initiate CIRP against the Respondent company/Corporate Debtor (for brevity Corporate Debtor) M/s. Aar Vee Printers Private Limited., under Section 9 of IBC 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e goods supplied, twenty two invoice between the period April, 2013 to August, 2014 was raised on the corporate debtor. It is further submitted that the payment received on 02.05.2019 by the operational creditor was Rs. 40,000/- out of the payment of Rs. 31,827/- is apportioned and appropriated towards the older dues, that was towards supplies/invoices prior to Invoice No. 117 dated 15.04.2013 fur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21.11.2019. The Copy of demand notice along with postal receipts and the tracking reports has been annexed. 2. Despite opportunities provided to the Respondent, no reply has been filed and as a result the Respondent was proceeded ex-parte vide order dated 17.02.2021. 3. It is the case of the applicant that the Corporate debtor had issued cheque towards the outstanding due payment which has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to the condition that no disciplinary proceedings are pending against him. The specific consent is required to be filed in Form 2 of Insolvency and Bankruptcy Board of India (Application to Adjudicating Authority) Rule, 2016 and made disclosures as required under IBBI (insolvency Resolution Process for Corporate Persons) Regulations, 2016. 6. We direct the applicant to deposit a sum of Rs. 2 la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proviso (a) to (d) of the Code. However, during the pendency of the moratorium period, terms of Section 14(2) to 14(4) of the Code shall come in force. 8. A copy of the order shall be communicated to the applicant, Corporate Debtor and IRP above named, by the Registry. In addition, a copy of the order shall also be forwarded to IBBI for its records. Applicant is also directed to provide a copy o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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