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TMI Blog2022 (8) TMI 713X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2016 (for brevity 'IBC' / 'Code'), by Monika Gupta (for brevity 'Operational Creditor' / 'Petitioner'), represented by its proprietor Monika Gupta, with a prayer to initiate Corporate Insolvency Resolution Process (CIRP) in case of M/s SNH Construction Private Limited (for brevity 'Corporate Debtor'/ 'Respondent'). 2. The Corporate Debtor namely, M/s SNH Construction Private Limited, is a Company incorporated on 22.02.2019 under the provisions of Companies Act, 2013 with CIN No.U4539HR2019PTC078735 with its registered office at Business Suit No19, Sector 48, Inhwa Business Centre, Ground Floor, IRIS Tech Park, Tower-A, Gurgaon, Haryana- 122018. Hence, the territorial jurisdiction lies with this Adjudicating Authority. Copy of master data ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... informed the date of hearing to the opposite counsel and the compliance affidavit has been placed on record as per the direction. Despite service, there was no representation from the respondent-corporate debtor and even no reply is filed. In these circumstances, this Adjudication Authority was constrained to proceed with the matter and the respondent has been set ex parte. 8. We have heard the learned counsel for the petitioner and have perused the records. 9. The first issue for consideration is whether the demand notice in Form 3 dated 20.07.2020 was properly served. The petitioner has placed a copy of e-mail which was delivered to the corporate debtor and reply to that has been duly received. 10. The next issue for consideration is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corporate debtor has failed to make payment of the aforesaid amount due as mentioned in the statutory notice till date. Thus, the conditions under Section 9 of the Code stand satisfied. It is evident from the above-mentioned facts that the liability of the corporate debtor is undisputed. Accordingly, the petitioner proved the debt and the default, which is above threshold limit. 14. In the present petition, all the aforesaid requirements have been satisfied. It is seen that the petition preferred by the petitioner is complete in all respects. The material on record clearly goes to show that the respondent committed default in payment of the claimed operational debt even after demand made by the petitioner. In view of the satisfaction of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to a surety in a contract of guarantee to a corporate debtor. 16. The order of moratorium shall have effect from the date of this order till completion of the corporate insolvency resolution process or until this Bench approves the resolution plan under sub-section (1) of Section 31 or passes an order for liquidation of corporate debtor under Section 33 as the case may be. 17. The Law Research Associate of this Tribunal has checked the credentials of Mr. Harsh Garg and there is nothing adverse against him. In view of the above, we appoint Mr. Harsh Garg, Registration No. IBBI/IPA-001/IP-P00243/2017-18/10472, E-mail: [email protected] Mobile No.9815343200 as the Interim Resolution Professional with the following directions:- i.) The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oard of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 of the initiation of the Corporate Insolvency Resolution Process in terms of Section 13 (1) (b) of the Code read with Section 15 calling for the submission of claims against Corporate Debtor; v.) It is hereby directed that the Corporate Debtor, its Directors, personnel and the persons associated with the management shall extend all cooperation to the Interim Resolution Professional in managing the affairs of the Corporate Debtor as a going concern and extend all cooperation in accessing books and records as well as assets of the Corporate Debtor; vi.) This Adjudicating Authority further directs the ex-management and promoters of the corporate debtor to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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