TMI Blog2022 (8) TMI 1055X X X X Extracts X X X X X X X X Extracts X X X X ..... the corporate debtor despite repeated service and has been set ex parte vide order dated 06.07.2022. Moreover, the petitioner has appended affidavit u/s 9(3)(b) stating that even after reply to the demand notice, the corporate debtor has not cleared the outstanding dues, which is reflected in the certificate issued under Section 9(3)(c) of the Code, for which the present petition has been filed by the operational creditor. Whether this application is filed within limitation? - HELD THAT:- This application was filed on 28.02.2019 vide Diary No.1015. Whereas the date of default is 09.05.2017, therefore, this Adjudicating Authority finds that this application has been filed within limitation. There is a total unpaid operational debt ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ution Process (CIRP) in case of IKO Hospitality Private Limited (for brevity Corporate Debtor / Respondent ). 2. The Corporate Debtor namely, IKO Hospitality Private Limited, is a Company incorporated on 07.05.2013 under the provisions of Companies Act, 1956 with CIN No.U55101HR2013PTC049060 with its registered office at H-901, Pilot Court, Esel Tower, M.G. Road, Gurgaon, Haryana - 122001. Hence, the territorial jurisdiction lies with this Adjudicating Authority. Copy of master data of the corporate debtor is attached with the main petition and marked as Annexure A-3. 3. The facts of the case, briefly, as stated in the petition are that the operational creditor was approached by the corporate debtor for supply of groceries items and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el 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 16.08.2019 was properly served. The petitioner has placed a tracking report, whereunder it was stated that the speed post was delivered to the corporate debtor and reply to that has been duly received. 10. The next issue for consideration is whet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt 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 the conditions provided for in Section 9(5)(i) of the Code, we ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate 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. Tarsem Chand Garg and there is nothing adverse against him. In view of the above, we appoint Mr. Tarsem Chand Garg, Registration No. IBBI/IPA-001/IP-P01410/2018-2019/12451, E-mail: gargtarsem@gmail.com Mobile No.9501036694 as the Interim Resolution Professional with the following directions:- i.) The term of appointment of Mr. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ution Professional shall cause a public announcement within three days as contemplated under Regulation 6 of the Insolvency and Bankruptcy Board 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; vi.) 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
