2019 (5) TMI 1105

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....tor M/s. Western India Metal Processors Ltd., Mumbai-400021, to claim an outstanding Operational Debt of USD 10,99,115/- + Interest USD 3,24,508/- at 15% on the defaulted amount from their default dates till 06th March, 2018. reproduced below:- Inv No. Date Due Date Amount Due Interest @15% Total Request Date No. of Days 940033211 01-Dec-15 27-Mar-16 $ 873,403 $ 258,018 $ 1,131,421 06-Mar-18 709 940033960 01-Dec-15 29-Mar-16 $ 225,712 $ 6 6,491 $ 292,203 06-Mar-18 707     Total $ 1,099,115 $ 324,509 $ 1,423,624     2. Brief history of the case:- The Petitioner/ Operational Creditor submitted that it had entered into a Sale ....

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....eminder Letters dated 12.04.2016, 19.04.2016 and 26.4.2016 to the Corporate Debtor requesting for the said outstanding amount. 4. The Corporate Debtor had also issued a Letter dated 03.05.2016 to the Operational Creditor confirming receipt of materials against the Invoices supra and also acknowledged the said Invoices as due and payable. The Corporate Debtor had also agreed to pay @ 15% for the delayed payment. 5. Subsequently, vide email dated 13.05.2016, the Corporate Debtor agreed to pay the outstanding amounts in three instalments and confirmed that they are committed to clear the outstanding invoices/ dues. 6. The Corporate Debtor entered into a Debt Acknowledgement and Settlement Agreement with the Operational Creditor dated ....

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....he said next date of hearing by Speed Post to the Corporate Debtor. Even then, none appeared from the side of the Corporate Debtor on next date (07.03.2019) to defend its side. 11. As a consequence, keeping the admitted facts in mind that the Operational Creditor had not received the outstanding Debt from the Corporate Debtor so far and that the formalities as prescribed under The Code have been completed by the Petitioner/ Operational Creditor, it is my conscientious view that this Petition deserves "Admission". 12. The Petitioner/ Operational Creditor has proposed the name Mr. Jeetendra Rajpal Daryani Address: 501, Tulip CHS Ltd., Satguru Gardens, Chendani, Thane-400 603, Registration No. IBBI/IPA-001/IP-P-00678/2017-2018/11146, as ....