Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2022 (8) TMI 545

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... amount of debt in default is Rs. 8,58,956/- including interest. The date of default as stated to be 16.08.2017. 2. The averments made by the Operational Creditor are summarized as under:  (i) There were business relations between the Operational Creditor and the Corporate Debtor, the Operational Creditor supplied the goods to the Corporate Debtor as per the requirement of the Corporate Debtor. The operational debt in default is stated to be of Rs. 8,58,956/- (Principal outstanding amount is Rs. 5,51,933/- + Interest @ 18% charged upto 28.11.2019 i.e. Rs. 3,07,023/-). The Operational Creditor received last payment of Rs. 1,00,000/- from the Corporate Debtor on 16.08.2017.  (ii) The Operational Creditor issued a demand notice d .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Corporate Debtor. The present application is complete in view of Section 9(5) of the IB Code, 2016. The present application has been filed on 01.01.2020 and the claim amount of Rs. 8,58,956/- meets the threshold limit as prescribed under Section 4 of the IB Code, 2016. It is also well within the limitations. 6. In view of the above stated discussion, it is found that the present IB Petition is complete and fit for triggering the Insolvency Resolution Process in respect of Corporate Debtor. Therefore, the present IB Petition, filed under Section 9 of the Code, deserves admission. The Operational Creditor did not suggest the name for appointment of Insolvency Resolution Professional (IRP) to conduct the CIRP of the Corporate Debtor. Hence, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... on (1) of the Section 31 or passes an order for liquidation of Corporate Debtor Company under Section 33 of the Insolvency & Bankruptcy Code, 2016, as the case may be. iv) We hereby appoint Mr. Hiten Mukundbhai Parikh having Registration No. IBBI/IPA-002/IP-N00309/2017-18/10898, (E-mail ID: [email protected]) to act as an IRP under Section 13(1)(c) of the Code. He shall conduct the Corporation Insolvency Resolution Process as per the provision of Insolvency and Bankruptcy Code, 2016 r.w. Regulation made thereunder: v) The IRP shall perform all his functions as contemplated, inter-alia, by Sections 17, 18, 20 & 21 of the Code. It is further made clear that all personnel connected with Corporate Debtor, its Promoter or any other person .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates