2019 (6) TMI 132

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....pplicant/operational creditor M/s. Dharmendra Enterprise is the proprietorship firm of Mr. Mehul Ramanlal Gohil having permanent account No. AERPG2205E, having its registered office at 12, Eden Gardens Society, Narayan Nagar, Paldi, Ahmedabad (Gujarat) is engaged in the business of supply of chemicals like soda ash, caustic soda, sulphur black etc. 3. That, M/s. H.V. Synthetics Private Limited is a company incorporated under the Companies Act, 1956 on 2nd June, 2006 and having its registered office at 225/2, Madhu Textile Mills Compound, Near Narol Circle, Ahmedabad 382 405 Gujarat State having identification No. U17121GJ2006PTC048378. That, authorised share capital of the corporate debtor is Rs. 5,00,000/- and paid up share capital is R....

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....is claim: - Sl. No. Particulars Page Nos. 01. Demand notice in form No. 3 along with money receipt and track report 1-7 02. All the documents referred to in the application 100-184 03. Account statement of the bank 185-401 04. Affidavit in support of application in accordance with the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 402-410 05. Written communication by the proposed interim resolution professional as set out in form No. 2 411 6. On perusal of the material available on record it is found that despite of service of notice to the respondent informing the date of hearing, letter of the applicant along with copy of the order was returned unserve....

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....s. That, record show that, on two occasions, the respondent has refused to accept the notice issued by the applicant. 11. Proposed Interim Insolvency Resolution Professional has made a declaration that no disciplinary proceedings are pending against him. 12. In the case on hand petitioner has proposed the name of Mrs. Bhavi Shreyans Shah, C-201, Embassy Apartments, Nr. Ketav Petrol Pump, Dr. V.S. Road, Ahmedabad 380 015, Gujarat State (email ID [email protected]) having registration No. IBBI/IPA-001/IP-P00915/2017-18/11521. Adjudicating Authority is appointing Mrs. Bhavi Shreyans Shah as interim resolution professional u/s 13(l)(b) of the Code. 13. Section 13 of the Code enjoins upon the Adjudicating Authority to exercise its ....

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....erring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; (iii) any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (iv) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. 17. It is further directed that the supply of goods and essential services to the Corporate Debtor, if continuing, shall not be terminated or suspended or interrupted during ....