2019 (10) TMI 416

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.... referred to as "the Code"] read with Rule 6 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016 to trigger Insolvency Resolution Process against M/s. Steps Dumask Waste Processing Services Private Limited (hereinafter called as respondent/corporate debtor). 2. That, the applicant/operational creditor Ms. Anjana Dhanpatraj Mehta, a resident of 302, Padmavati Flats, T-21 Shantinagar Society, Usmanpura, Ahmedabad 380 012, Gujarat State had executed a "Leave and License Agreement" on 22.05.2015 with the corporate debtor M/s. Steps Dumask Waste Processing Services Private Limited for the purpose of leasing one property situated at survey No. 411/1/1, Nr. Hitachi Company, Mouje Indrad, Chhatral-Kadi Road, Tal. K....

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....tor D 32-36 04 Legal notice in Gujarati served upon the corporate debtor by operational creditor E 37-48 05 Translated copy of Legal notice served upon the corporate debtor by the operational creditor F 49-51 06 Form No. 2   52 6. That, despite service of notice, the respondent neither in person nor through lawyer did appear before the Adjudicating Authority. Therefore, the matter is heard ex parte. 7. Heard the arguments of the learned counsel appearing for the operational creditor. Findings: 8. On perusal of the material available on record it is found that, the notice issued through the Registry as well as by the petitioner is served upon the respondent. Therefore, the service of....

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....onal creditor has placed copy of the ledger at page Nos. 8 to 10 to the application. That, service is complete and no dispute has been raised by the respondent. That, Applicant is an Operational Creditor within the meaning of sub-section (5) of Section 20 of the Code. From the aforesaid material on record, petitioner is able to establish that there exists debt as well as occurrence of default. 12. That, the Application filed by the Applicant is complete in all respects. 13. The applicant/operational creditor has proposed the name of Ms. Anjali Choksi to act as Interim Insolvency Professional. This Adjudicating Authority hereby appoint Ms. Anjali Choksi, 4th Floor, Galaxy Line, Behind Samartheshwar Mahadev, Law Garden, Ahmedabad 380 00....

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....tion panel or other authority; (ii) transferring, 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 no....