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of <h1>Corporate Insolvency Process Initiated: Moratorium Declared, Interim Professional Appointed</h1> <h3>Grow Max India Private Limited Versus Mallard Inks Private Limited</h3> Grow Max India Private Limited Versus Mallard Inks Private Limited - TMI Issues Involved:1. Proper service of demand notice in Form 32. Dispute regarding operational debt by the corporate debtor3. Timeliness of the application4. Completeness of the application and proof of debt and default5. Satisfaction of conditions under Section 9 of the Insolvency and Bankruptcy CodeAnalysis:Issue 1: Proper service of demand notice in Form 3The demand notice in Form 3 was initially returned undelivered but was later served via email and publication. The Tribunal held that the demand notice was duly served, satisfying the requirement of proper service.Issue 2: Dispute regarding operational debt by the corporate debtorThe corporate debtor did not file a reply to the petition or enter appearance, indicating no dispute regarding the unpaid operational debt. The absence of a reply or representation implied no dispute existed between the parties, fulfilling the condition of undisputed debt.Issue 3: Timeliness of the applicationThe application was filed within the limitation period as the demand notice was properly served, and no reply or payment was received from the corporate debtor. The application was filed within the statutory time frame from the date of default, meeting the requirement of timeliness.Issue 4: Completeness of the application and proof of debt and defaultThe petition filed in Form 5 was found to be complete, demonstrating an unpaid operational debt of Rs. 2,01,807. Supporting documents, including invoices, ledger accounts, and interest calculations, substantiated the debt claim, fulfilling the requirements for proving debt and default.Issue 5: Satisfaction of conditions under Section 9 of the Insolvency and Bankruptcy CodeThe corporate debtor failed to make the payment mentioned in the statutory notice, meeting the conditions under Section 9 of the Code. The liability of the corporate debtor was deemed undisputed, leading to the admission of the petition for the initiation of the Corporate Insolvency Resolution Process.The Tribunal admitted the petition, directing the initiation of the Corporate Insolvency Resolution Process for the Corporate Debtor. A moratorium was declared, suspending legal actions against the debtor and appointing an Interim Resolution Professional. The Interim Resolution Professional was tasked with managing the debtor's affairs, preparing asset inventories, and convening the Committee of Creditors. The petitioner was instructed to deposit funds for CIRP expenses. The Tribunal's decision was communicated to both parties and the Interim Resolution Professional promptly.
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