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2019 (12) TMI 1310

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....ity) Rules, 2016 (for brevity 'the Rules') by M/s Health Care at Home India Private Limited (for brevity 'Applicant'), through its authorized signatory Mr. Sukhvinder Singh, authorizing him to file present application vide Board resolution dated 22-1-2019, with a prayer to initiate the Corporate Insolvency Resolution Process (CIRP), against M/s. Satyam Drugs Pvt. Ltd. (for brevity 'Respondent'). 2. The Applicant, the Operational Creditor, namely M/s. Health Care at Home India Private Limited, is a company incorporated on 27-9-2012, under the provisions of Companies Act, 1956 with CIN No. U85190DL2012PTC242876, having its registered office at 4thFloor, Punjabi Bhawan, 10-Rouse Avenue, New Delhi-110002, inter alia, en....

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....18-19/0483 28-7-2018 10,62,336.40/- DEL/18-19/0625 31-8-2018 8,31,462.40/- DEL/18-19/0753 11-10-2018 9,20,673.60/- DEL/18-19/0754 11-10-2018 8,20,698.30/- DEL/18-19/0756 12-10-2018 10,10,688/- DEL/18-19/0757 12-10-2018 22,98,633/- DEL/18-19/0758 12-10-2018 20,85,333.60/- DEL/18-19/0763 13-10-2018 16,08,217.80/- DEL/18-19/0765 15-10-2018 12,55,464/- DEL/18-19/0769 16-10-2018 10,13,254.20/- DEL/18-19/0772 17-10-2018 11,49,632.30/- DEL/18-19/0776 18-10-2018 7,89,876.40/- DEL/18-19/0778 18-10-2018 16,94,284.20/- DEL/18-19/0780 22-10-2018 10,97,123.40/- 5. The Applicant further states that, the Corporate Debtor never raised any dispute with regard to the goods supplied to him and further, against a part ....

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....further states that, thereafter, it initiated complaint cases under Section 138 of the Negotiable Instruments Act, 1881 with regard to the aforementioned Cheques thus, Complaint Case Nos. 2140 of 2019, 2142 of 2019, 1028 of 2019, 2143 of 2019, 2144 of 2019, 2145 of 2019 and 2146 of 2019, were initiated against the Corporate Debtor at Patiala House Courts. The said Complaint Cases are presently pending adjudication before Ld. Metropolitan Magistrate and on the last date of hearing, the Ld. Metropolitan Magistrate was pleased to issue summons to the accused parties. 7. In spite of various requests made and reminders sent by the Applicant, the respondent did not reply. On failure to pay the outstanding dues by the Respondent, the applicant se....

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...., a net sum of Rs. 27,08,891/- is payable by the Respondent. A cheque of said sum of Rs. 27,08,891/- has been prepared by the Respondent, which can be collected by the Applicant. 10. The applicant has stated that total debt due and payable is Rs. 80,72,422/- (Rupees Eighty Lakhs Seventy Two Thousand Four Hundred Twenty Two) along with Rs. 5,52,236/- (Rupees Five Lakhs Fifty Two Thousand Two Hundred Thirty Six) towards interest @ 24% per annum as on 5-12-2019 amounting to total of Rs. 86,24,658/- (Rupees Eighty Six Lakhs Twenty Four Thousand Six Hundred Fifty Eight). As per the invoices issued during the period 6-8-2018 to 3-12-2018. 11. Hence, the application under section 9 of the IBC, 2016 was filed by the applicant to initiate CIRP. Th....

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.....it is denied that there have been any reverse sales amounting to Rs. 1,97,06,210/- made by the Corporate Debtor is being put to strict proof thereof. It is further stated that the amount as claimed by the Operational Creditor is Rs. 2,02,07,685.96/- (Rupees Two Crores Two Lacs Seven Thousand Six Hundred Eighty Five Paise Ninety Six Only) and not Rs. 2,24,15,101/- (Rupees Two Crores Twenty Four Lacs Fifteen Thousand One Hundred and One Only) as has been mentioned in Paragraph 9 of the Reply filed by the Corporate Debtor. It is also reiterated that the Corporate Debtor is just trying to evade its liability by offering a mere sum of Rs. 27,08,891/- (Rupees Twenty Seven Lakhs Eight Thousand Eight and Ninety One Only) in order to mislead this H....

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[email protected] and contact number is +91-9871190333, as the IRP of the Respondent. The IRP is directed to take all such steps as are required under the statute, more specifically in terms of Sections 15,17,18,20 and 21 of the Code. 19. We direct the Operational Creditor to deposit a sum of Rs. 2 lacs with the Interim Resolution Professional Ms. Rashmi Agarwalla to meet out the expenses to perform the functions assigned to her in accordance with Regulation 6 of Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Person) Regulations, 2016. The needful shall be done within three days from the date of receipt of this order by the Operational Creditor. The amount however will be subject to adjustment by the Commi....