TMI Blog2022 (6) TMI 1186X X X X Extracts X X X X X X X X Extracts X X X X ..... or relating to the dispute of the un-paid Operational Debt. This Tribunal vide order dated 21.09.2021 directed the counsel of Operational Creditor (Operational Creditor is subjected to CIRP) to file an affidavit cum undertaking to pay an amount of Rs. 2 Lacs to IRP as mobilization advance which may be ordered by the Tribunal if the CIRP is initiated against the Corporate Debtor and also continue to keep paying the fee and expenses of RP until the constitution of CoC. The Liquidator of the Operational Creditor filed an affidavit on 11.01.2022 stating that the Operational Creditor/Applicant has sufficient funds to pay the CIRP Cost, in case CIRP of the Corporate Debtor is admitted, he undertakes to pay the same as directed by this Hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or rendering freight forwarding services from the Operational Creditor. The Operational Creditor agreed to render its services to the Corporate Debtor as demanded by the Corporate Debtor. ii. That upon completion of work the applicant raised invoices for the job executed as per agreed rates and sent the same to the respondent along with the relevant documents for the payment thereof. iii. That the applicant maintained an open and current account, in due and ordinary course of business, in the name of Respondent. iv. That, as per the books of accounts maintained by the applicant, in due and ordinary course of business, upon making necessary adjustment of the payment received from the respondent, an amount of Rs. 9,27,699/- (Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he applicant has claimed the default on part of the Respondent for amount of Rs. 13,98,035 (Rupees Thirteen Lakhs Ninety Eight Thousand and Thirty Five), including 18% interest. 4. In compliance of Section 9(3)(b) of the Insolvency and Bankruptcy Code, 2016, the Operational Creditor has filed affidavit dated 25.07.2019 stating that no notice of any preexisting dispute has been received by the Applicant from the Corporate Debtor relating to the dispute of the un-paid Operational Debt. 5. Vide order dated 10.02.2021, it has been noted that the Operational Creditor is subjected to CIRP. 6. This Tribunal vide order dated 21.09.2021 directed the counsel of Operational Creditor (Operational Creditor is subjected to CIRP) to file an affid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - iprakeshbhatia@gmail.com), Reg. No. IBBI/IPA-001/IP-P00978/2017-2018/11608, to act as Interim Resolution professional. He shall take such other and further steps as are required under the statute, more specifically in terms of Section 15, 17 and 18 of the Code and file his report within 30 days before this Bench. 9. The Liquidator of the Operational Creditor, Ms. Deepika Bhugra Prasad shall deposit a sum of Rs. 2 lakhs to enable the IRP to meet the immediate expenses. The same shall be accounted for by the IRP and shall be reimbursed to the Applicant to be recovered as costs of the CIRP. 10. In pursuance of Section 13(2) of the Code, we direct that public announcement shall be made by the Interim Resolution Professional, immediately ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hority, Sectoral Regulator or any other authority constituted under any other law for the time being in force, shall not be suspended or terminated on the grounds of Insolvency, subject to the condition that there is no default in payment of current dues arising for the use or continuation of the license, permit, registration, quota, concession, clearances or a similar grant or right during the moratorium period. 13. It is made clear that the provisions of moratorium shall not apply to transactions which might be notified by the Central Government and the supply of essential goods or services to the Corporate Debtor, as may be specified, are not to be terminated or suspended or interrupted during the moratorium period. In addition, as pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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