TaxTMI 
TaxTMI 
2017 (10) TMI 294
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.... on 21.06.2011. Its authorised share capital is Rs. 32,50,00,000/- (Rupees Thirty Two Crores Fifty Lakhs only) and the paid up share capital is Rs. 28,69,11,250/- (Rupees Twenty Eight Crore Sixty Nine Lakhs Eleven Thousand Two Hundred and Fifty Only). The registered office is located at L-2A, Hauz Khas Enclave, New Delhi-110016. It is stated in the application that the aforesaid data concerning the Corporate Debtor is authenticated by the master data available on the website of Ministry of Corporate Affairs. 2. The 'Operational Creditor' had named Shri Yash Jeet Basra, Address-A-71, Golf View Apartments, Sapatparni CGHS Ltd. Plot No. 4, Sector -19B, Dwarka, New Delhi-110075, email: [email protected], Registration No. IBBI/IPA-003/IP-00172/2016-2017/1823. 2.2 Subsequently on 10th July, 2017, the Operational Creditor submitted to us in the Court, the written submission in Form-2 under Rule 9 of the Insolvency and Bankruptcy (Application to Adjudicating Authority), Rule 2016 from Advocate Ashok Kumar Juneja, Address- 1302, Vijaya Building, 17, Barakhamba Road, Connaught Place, New Delhi-110001, Registration no. IBBI/IPA-002/IP-N00117/2017-18/10286. A copy of the Certificate of R....
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....15- 16/REIMB/225 8-Feb-16 11,450 - - 11,450 Telecom Charges- Jan'16 IISPL/15-16/551 29-Feb-16 106,485 9,300 97,185 - Fee for Telecalling- Feb'16 IISPL/15- 16/REIMB/256 7-Mar-16 11,450 - 11,450 - Telecom Charges- Feb'16 IISPL/15-16/599 31-Mar-16 106,485 9,300 - 97,185 Fee for Telecalling- Mar'16 IISPL/16- 17/REIMB/002 5-Apr-16 11,450 - - 11,450 Telecom Charges- Mar'16 IISPL/16-17/017 30-Apr-16 106,485 9,300 - 97,185 Fee for Telecalling- Apr'16 IISPL/16- 17/REIMB/025 7-May-16 11,450 - - 11,450 Telecom Charges- Apr'16 IISPL/16- 17/REIMB/052 6-Jun-16 11,500 11,450 Telecom Charges- May'16 IISPL/16-17/090 21-Jun-16 106,950 106,950 Fee for Telecalling- May'16 TOTAL 4,248,486 343,291 488,777 3,416,418 5. A copy of the "Call Centre Agreement" entered into between the petitioner and respondent company on 21.10.2011 has also been filed as annexure P-2 with the application. Copy of statement of bank account whe....
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....7." 8. However, before the notice of the said Company Petition could be served on the Respondents in terms of the aforementioned order dated 02.12.2016, the Companies (Transfer of Pending Proceedings) Rules, 2016 (hereinafter referred to as the Transfer Rules') were notified on 07.12.2016 and were to come into force with effect from 15.12.2016. In terms of Rule 5(1) of the Transfer Rules, the Hon'ble Court, by order dated 14.03.2017, transferred the said Company Petition to Principal Bench of this Hon'ble Tribunal and further directed that the same be listed on 12.04.2017. 9. On 12.04.2017, the said Company Petition was listed before this Hon'ble Tribunal and the same was withdrawn with liberty to the petitioner to file a fresh petition on the same cause of action. However, the order dated 12.04.2014 failed to record the liberty granted to petitioner and accordingly, on 24.04.2017, and this Hon'ble Tribunal granted liberty to the petitioner to file a fresh petition on the same cause of action. 10. A notice of Demand dated 25.04.2017 under Section 8 of IBC 2016 read with Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 was issued o....
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....ebtor and the copies of last audited balance sheet for FY 31.03.2016, detailed list of Creditors, list of Directors and list of shareholders was filed along with affidavit on 10.07.2017. It is also stated in the affidavit that no guarantees have been furnish by the Directors of the respondent company or any third party and no collateral has been offered by them. It is further stated in the affidavit that there is no litigation initiated or pending against the respondent company as on date, except for the present proceedings before this Tribunal. 14. From a perusal of the record and the arguments advanced by the Learned Counsel for the parties, we are satisfied that the 'Operational Creditor' has proved by overwhelming evidence that default has occurred, which meets the requirement of Section 9 of the Code. Learned Counsel for the Corporate Debtor has stated at the Bar that he does not have any opposition to the amount as claimed by the Operational Creditor We further find that the application is complete in all respects as the Insolvency Professional, Advocate Ashok Kumar Juneja has also been proposed who has filed his consent and copy of registration issued by IBBI on 02nd June....