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2020 (2) TMI 50

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....#39;) by M/S Indiacorp Law, through its proprietor Mr. Alok Kumar Kuchhal (for brevity 'Applicant') with a prayer to initiate the Corporate Insolvency process against Paadm International Hotels Private Limited (for brevity 'Corporate Debtor'). 2. The Applicant is an advocate running proprietary firm M/S Indiacorp Law providing legal services having its place of business & office at Anantprabha LGF, C-154 Sector-51, Noida-201301. 3. The Corporate Debtor is a private limited company, incorporated under the provisions of Companies Act, 1956 on 17.08.2017 bearing CIN U74999DL2017PTC322231 and having Authorized Share Capital of Rs. 50,00,000/- and Paid Up Share Capital is Rs. 50,00,000/- as per Master Data of the company. T....

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....master data, which was duly delivered on the corporate debtor as per the tracking report. The Corporate Debtor has neither raised any dispute to the aforesaid notice nor made any payment towards the outstanding dues. 7. The Applicant filed present Application on 12.03.2019 under section 9 of IBC, 2016 and served the copy of this application through speed post as well as through email address as reflected on the MCA website, which is duly delivered to the Corporate Debtor. The affidavit of service is filed along with tracking report and copy of email was sent at the registered address as per master data. 8. It is submitted that the notice was sent back with a remark "there is no person with this name" from the registered address of the....

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....e letter is to be delivered to the addressee or a person authorised by him. Such a person may either accept the letter or decline to accept it. In either case, there is no difficulty, for the acceptance or refusal can be treated as a service on, and receipt by, the addressee. **           **           ** "He can so manipulate matters that it gets returned to the sender with vague endorsements such as "not found", "not in station", "addressee has left" and so on. It is suggested that a landlord, knowing that the tenant is away from station for some reasons, could go through the motions of posting a letter to him which he knows will....

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....s One Lakh Seventy-Five Thousand Only), as per Part IV of Form 5. 11. The Applicant has filed an affidavit under section 9(3)(b) dated 12.03.2019 affirming that no notice of dispute has been given by the Corporate debtor relating to dispute of the unpaid operational debt. 12. The Applicant further states that none appeared on behalf of the corporate debtor nor any reply is filed and the corporate debtor was proceeded ex-parte on 02.05.2019. 13. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. 14. The date of default as per Form V is 21.02.2018 and this application is filed on 12.03.2019 hence the debt is not time barred and the appl....