TaxTMI 
TaxTMI 
2019 (9) TMI 1446
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....(CIRP) in view of the default committed by the Corporate Debtor as disclosed in the petition. From the details of the Financial Creditor, it is seen from the petition that the petitioner is an individual who has filed this petition. Part-II of the prescribed application discloses that the Corporate Debtor has been incorporated on 06.1.2011 and that the authorized capital of the Company is disclosed as Rs. 100,000/- with the paid up capital of Rs. 1,00,000/- and the registered office of the Corporate Debtor is stated to be situated at C-23, Greater Kailash Enclave, Part-I, New Delhi-110048 and the same is co-related with the Master Data as filed by the Petitioner as Annexure -G. Part-III of the petition discloses the name of one Mr. Gaurav ....
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....tween the Financial Creditor and the Corporate Debtor and subsequent to the amount as remitted to the Corporate Debtor along with interest. In view of all the above details, this petition has been preferred by the Petitioner bringing to the notice of default of financial debt on the part of Corporate Debtor and thereby seeking for the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor. It is seen from the records of this Tribunal that based on a representation being made on 10.4.2019, by one Ms. Sakshi Sharma, Advocate, the matter was adjourned sine die due to the proceedings pending before Hon'ble Supreme Court wherein the vires of Explanation to Section 5(8) (f) was challenged. This challenge was dismissed b....
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....ipal amount has been remitted by the Financial Creditor in a sum of Rs. 32,28,784/- is pointed out and it is further stated by Ld. Counsel for the petitioner that all the six payments made by the Financial Creditor to the Corporate Debtor are having valid receipts issued by the Corporate Debtor. Annexure-D at Page-73 relates to the interest of Rs. 17,44,616/- is also claimed @ 9% per annum. It is required to be seen from the Judgment of Hon'ble Supreme Court rendered on 09.8.2019 in a Writ Petition (Civil) No.43 of 2019 in favour of the Home Buyers, that they can be classified as Financial Creditor as they finance the specific project of the Corporate Debtor by booking under the said project. It has also been held in the said Judgment ....