TaxTMI 
TaxTMI 
2019 (5) TMI 1295
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....for short to be referred here-in-after as the Code) for initiating insolvency resolution process against Alchemist Hospitals (Gurgaon) Private Limited, the respondent-corporate debtor.The petitioner company was incorporated as a company on 04.04.2011 as per the master data of the company at Annexure 2.The petition has been filed by the company through Mr.Prashant Pathak, the Managing Director of the petitioner on the basis of resolution dated 11.06.2018 passed by the petitioner company deciding to initiate the insolvency resolution process against the respondent-corporate debtor under the provisions of the Code and authorised Mr.Prashant Pathak and Smt.Kshama Pathak, Director of the company severally to file the petition and sign and verify....
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....h the documents vide diary No.164, dated 15.01.2019 in compliance with the order dated 20.11.2018 and the address of the respondent-corporate debtor is the same as mentioned in both these documents. 4.The facts of the case, briefly stated, are that the petitioneroperational creditor is engaged in the business of selling medicines, Surgicals, Implants etc.and supplying the same to the respondentcorporate debtor which were duly delivered.The respondent was supplied goods by the petitioner as per the details mentioned in Annexure 4 from 31.12.2014 to 13.05.2015 and the copies of the invoices of the goods delivered are from pages 21 to 46.It is also submitted that the adjustment of various credit notes was also made in the account of respond....
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....e demand notice was sent at the registered office address as reflected in the master data of the respondent. In view of the above, we would observe that there was valid delivery of the demand notice. 7.It is also the version of petitioner that the copy of demand notice with documents was also sent at the e-mail address of respondent corporate debtor as available on the master data of the respondent corporate debtor and also to others and copy of e-mail dated 14.07.2018 is at Annexure 10.The learned counsel for the petitioner further submits that the other e-mail sent at the [email protected] is at page 127 of the paper book who is Chief Financial Officer of the corporate debtor and therefore, he is the key managerial p....
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.... of the company which is the one, at which the notice was sent.The e-mail was also sent at the e-mail address of the corporate debtor available on the master data of the corporate debtor. The learned counsel for the petitioner also refers to the previous order dated 30.08.2018 in which it was observed that the advance copy sent to the respondent corporate debtor by registered post was returned undelivered with the report that the addressee refused to accept the delivery. We, therefore, declare the respondent to be duly served, but there is no representation from the respondent." 10.When the matter was listed on 20.11.2018, the petitioner was directed to place on record the master data of the demerged company as well as the certi....
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....re was some outstanding amount already pending liability, but as per the scheme, all the liabilities would transfer on the appointed date i.e.01.04.2014 to the resulting company. 13.The petitioner, having validly served the demand notice, has filed the instant petition in the prescribed Form against the respondent corporate debtor and thereby fulfilling the requirements of sub-sections (1) and (2) of Section 9 of the Code. 14.Section 9 (3) of the Code reads as under:- "The operational creditor shall, along with the application furnish- (a) a copy of the invoice demanding payment or demand notice delivered by the operational creditor to the corporate debtor; (b) an affidavit to the effect that there is no not....
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.... Section 9 (3) of the Code. 17.The petitioner has filed the certificate from Canara Bank, where it is maintaining its account and credits are being received from the corporate debtor, certifying that no amount has been received/credited from the period 20.06.2018 to 27.07.2018, when the certificate was issued.Apart from that the petitioner has also filed a copy of the bank statement from 26.06.2018 onwards.The petitioner, therefore, has complied with the requirement of Section (c) of Section 9 (3) of the Code. 18.In this case, the petitioner has also claimed interest at the rate of 24% as mentioned in the invoices, otherwise there is no agreement between the parties with regard to the payment of interest.So, while admitting the petiti....