TMI Blog2022 (4) TMI 1472X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.2021 affirming that the applicant has not received any amount after serving of demand notice till date and a certificate from the banker of the operational creditor is enclosed. The registered office of the corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application - the present application is complete and the operational creditor is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, establishing the default in payment of the operational debt beyond doubt. The present application is admitted, in terms of section 9 (5) of IBC, 2016. Petition admitted - moratorium declared. - Company Petition No. IB-11/ND/2022 - - - Dated:- 18-4-2022 - Bach ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corporate debtor's letter dated 03.06.2021 are ready verbatim for reference: We further regret to inform you that we are presently unable to pay the outstanding dues pursuant to grave financial stress that we are going through. We further assure you that we will repay you the entire outstanding dues along with the agreed interest as soon as we have sufficient funds available in the account of ESA Impex Private Limited, till then we request you to kindly bear with us and continue the strong relationship that we cherish. Hoping for a cooperation in this regard. 4. The Operational Creditor issued section 8 demand notice dated 06.12.2021 under the provisions of the I B Code, 2016 (Under Rule 5 of the Insolvency and Bankruptcy (App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t hit by Section 10A of the IBC, 2016 and granted 2 weeks' time to the petitioner to file additional affidavit. The Petitioner filed an additional affidavit in compliance with the order dated 12.01.2022 and the relevant portion of the said affidavit is as follows: 5. That respondent failed to make the payment of outstanding dues to the applicant. The respondent however responded vide letter dated 03.06.2021, wherein he acknowledged the outstanding debt and further stated its inability to repay the same in view of financial stress that respondent has been undergoing. A copy of letter dated 03.06.2021 received from the respondent is attached herewith as Annexure B. 6. That date of default is 03.06.2021 i.e. the date on which the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12. The registered office of the corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. 13. In the given facts and circumstances, the present application is complete and the operational creditor is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, establishing the default in payment of the operational debt beyond doubt. The present application is admitted, in terms of section 9 (5) of IBC, 2016. 14. The Operational Creditor has proposed the name of the IRP in PART III, of Mr. Prabhat Ranjan Singh as IRP, with registration number IBBI/IPA-002/IP-N00428/2017-18/11239, email: (prabhatrsadvocate@gmail.com) who is and hereby appointed by thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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