9911796707
TMI Blog2022 (9) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... India Private Limited and Anr., under Section 9 of IBC 2016 for the alleged default on the part of the Corporate Debtor having an outstanding balance of Rs. 93,71,138/- on account of services in relation to the freight forwarding of Air Export/Air Import consignment to the corporate debtor. The details of transactions leading to the filing of this petition as averred by the applicant are as follows:- a. It is submitted that the operational creditor since 2007 have been offering individual solutions for transports and logistics of all kinds. Further, the corporate debtor had availed services of the operational creditor in relation to freight forwarding of Air Export/Air Import consignment rendered to the Corporate Debtor at different dates ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Corporate Debtor is insolvent and is unable to pay the same. g. It is stated that, the Operational Creditor has neither received any email/correspondence/letter from the Corporate Debtor nor any complaint/any kind of objection has been raised by the Corporate Debtor with respect to the operational debt of the Corporate Debtor payable to the Operational Creditors. Hence there is no dispute raised by the Corporate Debtor with regard to the dues payable towards the Operational Creditor. h. As per part-IV of the application an amount of Rs. 93,71,138/- is still due and outstanding to be paid by the corporate debtor. The debt become due on 14.01.2017, i.e. the last payment made by corporate debtor. i. The applicant issued Demand Notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be payable. Pursuant to which, the applicant made several oral and written request to make payment for the unpaid dues. Though, the corporate debtor never raised any dispute nor any objection with regards to the to the quality of services provided by corporate debtor. 4. Relatively, the corporate debtor has made part payments towards running ledger of the goods supplied by the operational creditor. This leaves no doubt that the default has occurred for the payment of the unpaid operational debt to the applicant. It is reiterated that despite service of demand notice and notices by this court no objection has been raised by corporate debtor. The corporate debtor has chose to remain absent. Furthermore, on the service of the present petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... editor. The amount however be subject to adjustment by the Committee of Creditors, as accounted for by Interim Resolution Professional, and shall be paid back to the Operational Creditor. 7. As a consequence of the application being admitted in terms of Section 9(5) of IBC, 2016, moratorium as envisaged under the provisions of Section 14(1), shall follow in relation to the corporate debtor, prohibiting as per proviso (a) to (d) of the Code. However, during the pendency of the moratorium period, terms of Section 14(2) to 14(4) of the Code shall come in force. 8. A copy of the order shall be communicated to the applicant, Corporate Debtor and IRP above named, by the Registry. In addition, a copy of the order shall also be forwarded to IBBI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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