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TaxTMI 
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2019 (11) TMI 1073
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....), read with Rule 6, of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, (hereinafter referred to as 'Rules'). The application has been filed in Form-5 as prescribed in Rule 6(1) of the Rules. 2. The petitioner i.e. New Chemtex (India) has filed the application through its proprietor Shri Surinder Kumar Pupneja. The petitioner has also filed Form GST REG 06 Registration Certificate, which is annexed as Annexure A-1 (colly) to the petition. There is also an affidavit of Shri Surinder Kumar Pupneja, in support of the contents of the application. 3. The respondent-corporate debtor is a company incorporated under the Companies Act, 1956, with authorized share capital of Rs. 30,00,000/- and paid-up capital of ....
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....2016 to 31.03.2018 is at Annexure A-4. 5. The petitioner sent a demand notice in Form-3 dated 17.07.2018, Annexure A-5 under Section 8 of the Code, claiming the amount due towards the default along with copies of the invoices. As per postal receipt dated 23.07.2018, as at Page 153 of the paper book, the notice was sent by speed-post to the respondent-corporate debtor. As per the tracking report of the Postal Department as at Page 154 of the paper book, the notice was delivered to the respondent-corporate debtor on 27.07.2018. Mr. Surinder Kumar Pupneja, Proprietor, of the petitioner-operational creditor also filed his affidavit, stating therein that the petitioner-operational creditor has not received any reply from the respondent-corpor....
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.... receipt with regard to the dispatch of the notice with copy of petition and the entire paper book by speed-post on 18.10.2018, and it was stated that the tracking report was not updated after 19.10.2018, and that the petitioner has not yet received back the copy of the petition. It is also stated that copy of the notice was sent at the e-mail address of the respondent-corporate debtor, as available on the master data of the respondent-corporate debtor, which has not bounced back. Learned counsel for the petitioner submits that the address of the respondent-corporate debtor on the postal envelope containing the notice was mentioned as per the address mentioned in the master data of the respondent-corporate debtor and at the same address the....
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....t. 11. We have heard the learned counsel for the petitioner and perused the records carefully. 12. We have perused the application in Form-5, which is complete in all respects. The petitioner-operational creditor has filed this petition in prescribed form after expiry of 10 days of service of demand notice and thereby, complying with the requirement of sub-sections (1) and (2) of Section 9 of the Code. The petitioner has also complied with various requirements of sub-clauses of sub-section (3) of Section 9 of the Code. The bank statement issued by HDFC Bank, where the petitioner is maintaining its account is also filed, the same is at Annexure A-7. 13. The proposed Resolution Professional has filed Form-2 (Annexure 10 of the petiti....
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....ed, shall not be terminated or suspended or interrupted during moratorium period. The provisions of Section 14(3) shall however, not apply to such transactions as maybe notified by the Central Government in consultation with any operational sector regulator and to a surety in a contract of guarantee to a corporate debtor. 17. The order of moratorium shall have effect from the date of this order till completion of the corporate insolvency resolution process or until this Bench approves the resolution plan under sub-section (1) of Section 31 or passes an order for liquidation of corporate debtor under Section 33 as the case maybe. 18. The following directions are issued in respect of the appointment of the Interim Resolution Professiona....
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....Code of Conduct governing his profession and as an Insolvency Professional with high standards of ethics and moral; v) The Interim Resolution Professional shall cause a public announcement within three days as contemplated under Regulation 6 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, of the initiation of the Corporate Insolvency Resolution Process in terms of Section 13 (1) (b) of the Code, read with Section 15 calling for the submission of claims against Corporate Debtor; vi) It is hereby directed that the Corporate Debtor, its Directors, personnel and the persons associated with the management shall extend all cooperation to the Interim Resolut....