2019 (8) TMI 1475

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....th Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity 'the Rules') by M/S Emperos Infrastructure Pvt. Ltd. (for brevity 'Applicant') through its director Mr. Munir Ali Khan authorizing him to file present application vide Board resolution dated 25.06.2019, with a prayer to initiate the Corporate Insolvency process against M/S Earthcon Infracon Private Limited (for brevity 'Respondent'). 2. The Applicant, the Operational Creditor namely M/S Emperos Infrastructure Private Limited is a company incorporated under the provisions of Companies Act, 1956 with CIN No. U70109UP2017PTC097744, having its registered office at Elan Press, Top Khana Road, Kat Kuyy A, Feeder, ....

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.... Rs. 49,01,720/- 28.02.2019  14,96,240/- 30.04.2019  Rs. 50,71,640/- TOTAL  1,14,69,600/- 7. Inspite of various requests made and reminders sent by the Applicant, the Respondent never bothered to reply and has miserably failed in discharging the liability of the outstanding payments in favour of the applicant. 8. Subsequently the representatives of applicant met the officials, who assured the applicant for clearing the complete outstanding within seven days and further acknowledged and admitted the liability in respect of the outstanding invoices by the way of signing the Ledger Account Dated 10/05/19 of the Applicant thereby confirming the debt payable. 9. Thereafter, on failure to pay the out....

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....es, the present application is  complete and the Applicant is entitled to claim its dues, establishing the default in payment of the operational debt beyond doubt which has been admitted by the Corporate Debtor while making submission before the Tribunal. The requirements of Section 9(5) of the Code are complied, hence, the present application is admitted. 17. The Applicant has proposed the name of an Interim Resolution Professional. In view of the same, this Bench appoints Ms. Rukhsana Choudhury having registration no. IBBI/ IPA-002 / IPN00761/2018-2019/12374 and email address [email protected] and contact number is 9810437527, as the IRP of the Respondent. The IRP is directed to take all such steps as are required under the stat....