2018 (11) TMI 1771

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....Rules") by M/s. Suntech Infra Solutions P. Ltd. (for brevity "applicant") through its director Mr. Gaurav Gupta with a prayer to initiate the corporate insolvency process against M/s. CINDA Engineering and Construction P. Ltd. (for brevity "the company"). 2. The applicant, the operational creditor namely, M/s. Suntech Infra Solutions P. Ltd., is a company incorporated under the provisions of the Companies Act, 1956 having CIN No. U45400DL2009PTC189765. 3. The company is having its registered office at F-56, Ground Floor, Green Park, New Delhi-110 016. 4. The respondent, the corporate debtor, namely, M/s. CINDA Engineering and Construction P. Ltd., is a company incorporated on August 8, 2008 under the provisions of the Companies Act....

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....2017 the company has neither paid nor responded to the applicant. 11. The applicant from time to time requested the corporate debtor to clear the outstanding amount, however, the corporate debtor neglected and failed to pay the unpaid debt of the applicant. Since no payment was forth- coming hence a notice under section 8 of the Insolvency and Bankruptcy Code was issued on May 21, 2018 to the corporate debtor. 12. The corporate debtor has duly deposited TDS on the said outstanding bills, which in itself shows that the corporate debtor acknowledges and admits the debt. 13. Despite the demand notice sent under section 8 of the Code, the corporate debtor has failed to pay the amount demanded nor has replied to the demand notice raisin....

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....ny court of law, Tribunal, arbitration panel or other authority ; (b) transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein ; (c) 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) ; (d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor." However, during the pendency of the moratorium period in terms of section 14(2) and....