TaxTMI 
TaxTMI 
2018 (11) TMI 1783
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....corporated on 14.06.2011, having registered office at 215, Anhil Complex, Near Swastik Cross Road, Navrangpura, Ahmedabad 380 009, Gujarat State, having authorised share capital of Rs. 30,00,000/- and paid up capital of Rs. 1,00,000/-. 3. That the applicant/operational creditor, since 2015 is engaged in providing accounting services to various business entities. That the applicant/operational creditor has an impeccable reputation of rendering accounting services. The operational creditor is engaged by various business entities to ensure all accounting activities and compliances. That the applicant has observed utmost standards of professional ethics, integrity and code of conduct. That it is pertinent to note that there has been no compl....
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.... not receive the outstanding amount, made several reminders by visiting the office of the corporate debtor and also sent several written communication calling upon the corporate debtor to make the payment of outstanding amount but without denying the outstanding debt, the corporate debtor refrained from making payment. That copy of balance confirmation is annexed to the application and marked as annexure E. That despite several written and oral reminders, an amount of Rs. 3,82,449/- (Rupees three lacs eighty-two thousand four hundred forty-nine only) is pending. That copy of bank statement of the applicant/operational creditor maintained by Bank of Baroda for the period from 01.07.2017 to 15.04.2018 is attached to the application marked ann....
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....s that "item delivery attempted refused" and the said consignment was sent to the addressee on 02.07.2018. That in view of the refusal of the service, it is considered as deemed service, corporate debtor is intentionally avoiding notice/service, the matter was adjourned to 29.08.2018. That on 29.08.2018 also, as none remained present on behalf of the respondent and the matter was adjourned to 27.09.2018. That on 27.09.2018 also none remained present on behalf of the respondent and the matter was adjourned to 02.11.2018. 7. That on 02.11.2018, the matter was listed for final hearing. Heard the arguments advanced by the learned counsel appearing on behalf of the applicant. 8. That the applicant has also filed affidavit dated 09.05.2018 ....
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....of demand notice from the Applicant. 12. On perusal of the application it is observed that, the petitioner has proposed the name of Mr. Ajay Gupta, A-701/702 La-Chapelle, Evershine Nagar, Malad (W), Mumbai 400 064 as Interim Resolution Professional having registration No. IBBI/IPA-001/IP-P00192/2017-18/10371. 13. The Application filed by the Applicant is complete as per sub-section 2 of Section 9 of the Code. Inspite of service of demand notice, Respondent did not chose to clear the debt. No notice of dispute has been raised by the Respondent to the Applicant even after receipt of demand notice from the Applicant. The amount due to the petitioner from respondent is not barred by limitation and/or any other law for the time being in fo....
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....est 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. (a) However, the supply of goods and essential services to the corporate debtor shall not be terminated or suspended or interrupted during moratorium period. The moratorium order in respect of (i), (ii), (iii) and (iv) above shall not apply to the transactions notified by the Central Government. ....