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2022 (5) TMI 656

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..... at the corporate debtor in the emails dated 10.10.2018 and 20.09.2018 has also admitted that the amount is due and further pleas raised in reply filed by the corporate debtor is found not to be substantiated by any documents, thus there are no merit in the contentions raised by the counsel for the corporate debtor. It is noted that the application filed under section 9 is complete and complies with the requirements of the relevant provisions of the Code - application admitted - moratorium declared. - CP (IB) No. 75/ALD/2020 - - - Dated:- 27-4-2022 - Rajasekhar V. K. , Member ( J ) And Virendra Kumar Gupta , Member ( T ) For the Appellant : Abhijeet Mukherji , Adv. For the Respondents : V. N. Shukla , Adv. ORDER Raj .....

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..... nfirmation letter annexed at Pg. 64 of the application. 4. The learned counsel for the petitioner further referred to the emails dated 10.10.2018 and 20.09.2018 in which the corporate debtor has assured the operational creditor that they will start making the payment, the copies of the emails are annexed at Pg. 57 to 61 of the application. The learned counsel for the petitioner has also attached the copies of the ledger account maintained by the Operational creditor which is annexed as Annexure 4 at pg. 49-56 of the application and along with the bank statements of the Operational Creditor which is annexed as marked as Annexure 11 of the application in support of its application. 5. The learned counsel for the operational creditor fur .....

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..... section 9 is complete and complies with the requirements of the relevant provisions of the Code. 11. The Operational Creditor has not proposed the name of any person to function as Interim Resolution Professional. Therefore, this Bench will appoint a person from the panel of names made available to it by the Insolvency Bankruptcy Board of India. 12. Accordingly, we pass the following orders: a. The application filed by the Operational Creditor under Section 9 of the Insolvency Bankruptcy Code, 2016 for initiating Corporate Insolvency Resolution Process against the Corporate Debtor NPS Power Solutions Private Limited is hereby admitted. b. There shall be a moratorium under section 14 of the IBC. c. The moratorium sha .....

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..... RP in terms of section 17 of the IBC. The officers and managers of the Corporate Debtor shall provide all documents in their possession and furnish every information in their knowledge to the IRP within one week from the date of receipt of this Order, in default of which coercive steps will follow. g. The IRP/RP shall submit to this Adjudicating Authority periodical reports with regard to the progress of the CIRP in respect of the Corporate Debtor. h. The Operational Creditor shall deposit a sum of Rs. 2,00,000/- (Rupees two lakh only) with the IRP to meet the expenses arising out of issuing public notice and inviting claims. These expenses are subject to approval by the Committee of Creditors (CoC). i. The Court Officer of .....

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