TMI Blog2022 (4) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.12.2018 annexed as P-7 at pg 71-136 and has duly been served. However, Respondent/Corporate Debtor is not disputing the same. The debt is due on 31.10.2017 and this application is well within time. The debt and default has been established by the Operational Creditor against the Corporate Debtor in re-payment of the Operational Debt. The Petition filed under section 9 of the Code fulfils all the requirements of Section 9(5) of IBC, 2016. Therefore, the Petition deserves to be admitted. Hence, this authority is inclined to initiate the CIR Process of Corporate Debtor. Accordingly, the captioned petition is admitted. Petition admitted - moratorium declared. - IB-652(PB)/2019 - - - Dated:- 21-3-2022 - R. Sudhakar, J. (President) An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Registered Office address (S-9, Basement, Green Park Extension Market, South Delhi, Delhi - 110016 as well as the other addresses know and which were in public domain/knowledge and to all its directors, through Speed Post sent on 04.12.2018, which is annexed as P-7 at page 71-134. 5. In addition, the Demand Notice dated 04.12.2018 was also sent through, e-mail on 04.12.2018, to the Corporate Debtor at its registered email Id i.e. redmallccpl@gmail.com and the same did not bounce back and thus stood delivered. 6. The Details of the Speed post sent on 04.12.2018 and its tracking report are as under: 7. Therefore, proper services has been effected on the Directors of the Corporate Debtor. Even demand notice was sent to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td. CP (IB) No. 121/Chd/Pb/2018 (Decided on 21.1.2019) and it was held that demand notice had to be taken to be validly served if delivered at the previous registered address prior to recording of change of address in records of the Registrar of Companies. 11. The Notice in this case was ordered by this Tribunal on 03.04.2019, despite various dates of hearing, there is no response given by the Corporate Debtor. 12. In this case the debt has been intimated in terms of Section 8 of the Code r/w Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 issued on dated 04.12.2018 annexed as P-7 at pg 71-136 and has duly been served. However, Respondent/Corporate Debtor is not disputing the same. The de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shed by the Operational Creditor against the Corporate Debtor in re-payment of the Operational Debt. The Petition filed under section 9 of the Code fulfils all the requirements of Section 9(5) of IBC, 2016. Therefore, the Petition deserves to be admitted. Hence, this authority is inclined to initiate the CIR Process of Corporate Debtor. Accordingly, the captioned petition is admitted. 15. This Tribunal hereby appoints Insolvency Professional namely, Mr. Amit Agarwal having Registration Number IBBI/IPA-002/IP-N00185/2017-8/10456 (Email ID- amitagcs@gmail.com) as Interim Resolution Professional to the Operational Creditor. The IRP is directed to take charge of the respondent corporate debtor's management immediately. He is also directe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he possession of the Corporate Debtor. 18. The supply of essential goods or services of the Corporate Debtor shall not be terminated, suspended or interrupted during moratorium period. The provisions of sub-section (1) of section 14 of IBC, 2016 shall not apply to (a) such transactions as may be notified by the Central Government in consultation with any financial regulation; (b) a surety in a contract of guarantee to a Corporate debtor. 19. The IRP shall comply with the provisions of sections 13(2), 15, 17 and 18 of the Code. The directors of the Corporate Debtor, its Promoters or any person associated with the management of the corporate debtor shall extend all assistance and cooperation to the IRP as stipulated under section 19 fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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